Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (6) TMI 867 - AT - Central ExciseRefund claim - Unjust enrichment - Held that:- Appellant has filed refund claims in March/April,2002. No Deficiency memo was issued to the appellant for different refund claims and the same has been accepted by the department. Only on 11.10.2002, a show cause notice has been issued whereas refund claim has been required to be entertained within three months from the date of filing of the refund claim. But nothing was done in three months therefore, the argument advanced by the Ld. AR that appellant has not supplied required documents is not tenable. - issue is no more res integra wherein it has been held that for delayed refunds, interest is payable after three months from the date of filing the refund claim till its realization. Therefore, I hold that the appellant is entitled to claim the interest after three months from the date of filing of the refund claim till its realization. The impugned order is set aside. - Decided in favour of assessee.
|