Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (5) TMI 615 - AT - Central ExciseInterest on refund of pre-deposit - relevant period for calculation of interest - Circular No. 275/37/2K-CX-8A dated 2.1.2002 - Circular No. 802/35/2004-CX dated 8.12.2004 - Held that: - the assessee appellant is eligible for the interest on the delayed refund by the department as per instructions/clarifications issued by CBEC and the decisions of higher judicial fora - the appellant is entitled to the interest from the day when three-month period expires from the day of Tribunal’s order dated 27.3.1998. The Revenue’s submission that no proof regarding application for refund submitted by the assessee is not relevant for the present facts when CBEC in their circular makes a mention that refund in case of pre-deposit is to be made without insisting upon refund applications u/s 11B(1) of CEA within period of three months from the disposal of the appeal. Appeal allowed - decided in favor of appellant.
|