Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (1) TMI 701 - AT - Central ExciseInterest on delayed refund - Section 11BB of CEA, 1944 - time limitation - supplementary / additional claim of refund amount - Held that: - the Hon’ble Supreme Court in the case of Ranbaxy Industries Ltd. Vs. UOI [2011 (10) TMI 16 - Supreme Court of India], observed that interest is payable after expiry of three months from the date of filing of the refund claim - the appellants are eligible to interest on ₹ 6,13,406/- on expiry of three months from the date of filing of the refund claim till the same was paid to them. Regarding the amount of ₹ 3,62,729/-, I find that the same was claimed for the first time on 24.4.2006 with a request to revise the earlier refund claim of ₹ 6,13,406/- to ₹ 9,76,135/- - Held that: - merely because the refund claim of ₹ 6,13,406/- had been pending beyond three months, it cannot provide a right to the appellant to revise the claim antedated by including additional amount of ₹ 3,62,729/-, which was not because of any arithmetical error in calculation but arose on account of separate payments earlier i.e. between July 2004 and January 2005 - the authorities below had rightly held that the additional amount of ₹ 3,62,739/- claimed through letter 24.4.2006 could not be considered as the claim filed on 11.7.2005 and rejected the same claim on the ground of limitation. Appeal disposed off - decided partly in favor of appellant.
|