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2020 (10) TMI 56 - AT - Central ExciseInterest on Delayed Refund of CENVAT Credit - non payment of interest to the appellant after three months from the date of filing of original refund claim i.e. 19.09.2016 till its realisation - HELD THAT:- In this case, it is in fact on record that the adjudicating authority has sanctioned the refund claim under Section 11B of Central Excise Act, 1944 and the said part of the order has attained finality as the revenue had not challenged the said order before any appellate authority. In that circumstances, in the impugned order mere mentioning that the adjudicating authority has erroneously sanctioned refund claim under Section 11B of the Act shall not make the order of the adjudicating authority on better footing. The fact is on record that the adjudicating authority sanctioned refund claim under Section 11B of the act, therefore, provisions 11BB of Central Excise Act, 1944 are attracted to the facts of this case for entertaining the claim of interest - the appellant is entitled to claim interest on delayed refund. From which date the appellant is entitled to claim interest on delayed refund? - HELD THAT:- It is a settled law of by the Hon’ble Apex Court in the case of RANBAXY LABORATORIES LTD. VERSUS UNION OF INDIA AND ORS. [2011 (10) TMI 16 - SUPREME COURT] that assessee is entitled to claim interest on delayed refund after three months from the date of filing of refund claim before the authorities till its realization. The appellant is entitled to claim interest after three months from the date of filing of refund on 19.09.2016 till its realization - Appeal allowed - decided in favor of appellant.
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