2023 (2) TMI 621 - AT - Customs

Interest on Refund of excess paid CVD - interest was denied to the respondents/assessees on the ground that the matter was sub-judiced before the CESTAT and the refund claims were disposed of within the period of three months of the said order - Commissioner (Appeals) allowed claim of interest - HELD THAT:- As per the law laid down by the Hon’ble Apex Court in the case of M/s Ranbaxy Laboratories Ltd [2011 (10) TMI 16 - SUPREME COURT] wherein Hon’ble Apex Court has held that the Revenue is liable to pay interest under Section 11BB of the Act and the period commences from the date of expiry of three months from the date of receipt of the application for refund under Section 11B(1) of the Act and not on the expiry of said period from the date on which the order of refund is made.s per the law laid down by the Hon’ble Apex Court in the case of M/s Ranbaxy Laboratories Ltd (supra) wherein Hon’ble Apex Court has held that the Revenue is liable to pay interest under Section 11BB of the Act and the period commences from the date of expiry of three months from the date of receipt of the application for refund under Section 11B(1) of the Act and not on the expiry of said period from the date on which the order of refund is made.

Further, It is found that the ld. Commissioner (Appeals) in the impugned order came to the conclusion that the respondents/assessees are entitled to interest as per Section 27(A) of the Customs Act, 1962 at the applicable rate of interest as prescribed vide notification issued under Section 27(A) from time to time after expiry of three months from the date of receipt of refund application till the date on which the refund has actually been paid.

There is no infirmity in the impugned order and there is no need of any interference in the impugned order - Appeal dismissed.