Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 1194 - AT - Central ExciseRefund claim - Rejection of interest claim - Unjust enrichment - Held that:- Section 11 B of the said Act is not applicable in respect of claim of interest. Revenue has not filed appeal against such finding. On a query from the Bench, the Learned Advocate submits that the principle of unjust enrichment is not applicable in respect of claim of interest, which was introduced with effect from 10.05.2008 - period of dispute is before 10.05.2008. We have also noticed the Commissioner (Appeals) categorically observed that Section 11 B of the Act would not be applicable and therefore, the principle of unjust enrichment would also not be applicable. Thus, the rejection of refund of interest is not sustainable. - rejection of claim of interest of ₹ 10,16,738.00 is set-aside - Decided in favour of assessee.
|