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2012 (4) TMI 497 - CESTAT, BANGALOREInterest on refund claim - Section 11BB - Held that:- refund claim was held admissible by the Commissioner (Appeals) and accordingly the refund was effected on the dates aforementioned. As per the explanation, the appellate Commissioner’s order sanctioning refund should be deemed to be an order passed under sub-section (2) of Section 11B, which would mean that the date on which the original authority first rejected the refund claim (8-5-1998) should be deemed to be the date of grant of refund claim. This legal position which was overlooked by the original authority in the subsequent proceedings was correctly understood by the learned Commissioner (Appeals) and accordingly interest was ordered to be paid. In the result, the order passed by the learned Commissioner (Appeals) for payment of interest under Section 11BB of the Act to the respondent on the amount of duty refunded to them is liable to be sustained - Decided against Revenue.
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