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2013 (8) TMI 268 - HC - Central ExciseInterest on refund under section 11BB of the Central Excise Act - Application for refund was filed by the petitioner on March 29, 2000 - The amount claimed as refund being the duty paid and continued to lie as pre-deposit - Tribunal decided in favour of the present appellants on September 3, 2001, and also further held that payment of interest would start running from September 3, 2001 – Held that:- Any delay having been occasioned in refunding the amount beyond the period of thee months, would attract interest - The refund of amount considered as predeposit would be at par with the refund of duty and the interest would be payable on such pre-deposit, relying upon the judgment of the Apex Court in the case of Commissioner of Central Excise Vs. I.T.C. Limited [2004(12)TMI 90 – SUPREME COURT OF INDIA] - The refund of amount of Rs.20 Lacs had been made on February 4, 2004. Thus, there has been a delay of considerable period in returning the amount after the Appellate Tribunal held in favour of the appellants assessee. The interest on the pre-deposit is, therefore, required to be given - The claim was not barred by period prescribed under sub-section (1) of Section 11B of the Central Excise Act - Held to be entitled to the interest on the delayed refund of amount of Rs.20 Lacs for the period from September 3, 2001 to February 4, 2004 – Decided in favor of Assessee.
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