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2015 (2) TMI 228 - AT - Central ExciseClaim of Refund of interest paid on duty - Taking over by the another company - Department did not allow transfer of registration and cancellation of registration, the appellant had to make the payment of balance dues with interest - HC hold that appellant was eligible for the credit and allowed the appeal. - the appellant filed a refund claim for ₹ 14,74,012/- paid in cash by them comprising of inadmissible credit of ₹ 6,96,710/- and interest of ₹ 7,77,302/- Held that:- After going through the records, it was found that interest was added to the duty in Section 11B in May 2008. However, the Parliament did not consider it appropriate that the word interest should be added in Section 11BB also. If interest was also to be added in Section 11BB while providing for payment of interest on duty, the claim of the appellant could have been sustained. When the statute does not provide for payment of interest while sanctioning the refund of interest on duty, the Tribunal has no power to order refund of interest on interest being creation of the statute. - Decided against assessee.
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