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2022 (8) TMI 1199 - HC - Central ExciseInterest on delayed refund of unutilised CENVAT Credit - refund was issued after the expiry of three months, or not - time limitation - section 11BB of CEA - HELD THAT:- As held by the Apex Court in RANBAXY LABORATORIES LTD. VERSUS UNION OF INDIA AND ORS. [2011 (10) TMI 16 - SUPREME COURT], a fiscal legislation has to be construed strictly and one has to look merely at what is said in the relevant provision; there is nothing to be read in; nothing to be implied; and there is no room for any of intendment. The liability of the revenue to pay interest under Section 11BB of the Act commenced from the date of expiry of three months from the date of receipt of application for refund under Section 11BB(1) of the Act. The Division Bench of this Court in SWARAJ MAZDA LIMITED VERSUS UNION OF INDIA [2008 (7) TMI 420 - HIGH COURT OF JUDICATURE AT BOMBAY] also held that perusal of Section 11BB shows that if any duty recovered is found to be refundable, still the payment is not made within a period of three months from the receipt of application for refund then interest is liable to be paid. The respondent shall pay interest to petitioner in compliance with provisions of Section 11BB of the Act for the period after the expiry of three months from the date of respective applications till the date of payment of refund amount in accordance with law - Petition disposed off.
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