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2014 (7) TMI 24 - AT - Central ExciseClaim of interest on belated refund - Held that:- Department has taken a view that appellant is eligible for refund from three months from the date of receipt of the order of the Tribunal which attained finality as regards exemption as well as eligibility for refund. In such cases, it is settled law that the interest is payable from the date of filing the refund claim and not from the date of receipt of the final order of the Tribunal. In this case, the subject matter of the dispute itself was interest on the refund claim by the appellant after three months from the date of filing the refund claim. In such a situation, the stand taken by the Commissioner (Appeals) that three months has to be accounted from the date of receipt of the final order of the Tribunal taking a view that interest is admissible is not correct. I find that in the case of Ranbaxy Laboratories Ltd. v. UOI & Ors. [2011 (10) TMI 16 - Supreme Court of India], it has been held that liability of Revenue to pay interest under Section 11BB from the date of receipt of application for refund under Section 11B(1) of the Act. In this case, the refund claim was filed on 29-5-2007 before the original authority and therefore, the interest has to be paid calculating 3 months from that date - Decided in favour of assessee.
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