Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (12) TMI 899 - AT - Central ExciseRefund claim of excess duty paid - entitlement to interest - finalization of assessment - denial on the ground of unjust enrichment - whether the assessee is entitled to the refund of excess export duty paid against the three shipping bills? - Held that: - the authority has examined the test result in detail and considered the eligibility of refund on merit and then transferred it to the Consumer Welfare Fund. Therefore, in my opinion, there is no non-compliance of the remand order of Ld. the commissioner (Appeals) in the denovo order. On this aspect, Revenue's Appeal has no merit. Unjust enrichment - Held that: - Revenue has not brought any contrary evidence on record to show that the burden of duty claimed as refund has not been absorbed by the assessee-Appellant - appeal of Revenue dismissed. Whether interest is payable to the assessee after expiry of three months from the date of filing the refund claim till the receipt of refund amount by the Appellant? - Held that: - undisputedly the assessee-appellant has filed the refund claims on 05.01.2009 and 09.01.2009 and it was sanctioned to them after three months. Thus, they are entitled to interest after expiry of three months from the date of filing the refund claim till the refund amount was given to them - reliance placed in the case of Ranbaxy Laboratories Ltd. Versus Union Of India and Ors. [2011 (10) TMI 16 - Supreme Court of India] - interest allowed. Appeal allowed - decided in favor of appellant-assessee.
|