Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2011 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (2) TMI 476 - CESTAT, MUMBAIRectification of mistake - interest on delayed refund - Since refund claim was sanctioned by the Commissioner (Appeals) vide his order dated 29-10-1999, which was not challenged by the department and the same has attained finality - Thereafter not giving refund within three months by the department, the appellants are entitled to claim interest after three months after 26-5-1995 - If the Revenue was aggrieved really to sanctioning of the refund claim, they would have been preferred an appeal against the order of the Commissioner (Appeals) sanctioning the refund claim-dated 29-10-1999, which Revenue has failed to do so - Hence, in the circumstances of the case, the appellants are entitled for interest on the refund claim w.e.f. the date of expiry of three months after 26-5-1999 - Thus, the appellants are entitled for the interest after expiry of three months from 26-5-1995 - Decided in favour of assessee.
|