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2013 (12) TMI 935 - CESTAT KOLKATAInterest on the Refund sanctioned belatedly - Revenue contends that Assessee has never made a claim for interest - Commissioner (Appeals ordered for payment of interest - Held that:- In case of any refund claim made, Section 11B of the Act specifically provides that any person claiming refund has to make an application. By reading these two Sections together, it becomes quite clear that the interest is required to be granted when the claim is sanctioned beyond a period of three months from the date of application. In this case, the Commissioner (Appeals) on an appeal filed by the Respondent Assessee, has allowed the interest which is admissible to them as per law - When the issue involved is settlement of refund claim, the date of filing the application is not relevant, whereas for the purpose of interest, the date of filing the application has to be taken into account. Under these circumstances, we find that the impugned order passed by the Commissioner (Appeals) is proper and correct and needs no interference - Decided against Revenue.
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