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2024 (2) TMI 668 - AT - Central ExciseEntitlement for interest on the refund sanctioned - change of opinion of the Court in a subsequent matter of another party would give any leverage to the appellants to re-open the decision which has attained finality or not. Appellants argues that interest is a natural corollary of the refund granted and the rights of the appellants cannot be taken away for the reason that the Hon’ble Apex Court has overturned the decision in M/S. SRD NUTRIENTS PRIVATE LIMITED VERSUS COMMISSIONER OF CENTRAL EXCISE GUWAHATI [2017 (11) TMI 655 - SUPREME COURT] vide their decision in the case of M/S. UNICORN INDUSTRIES VERSUS UNION OF INDIA & OTHERS [2019 (12) TMI 286 - SUPREME COURT]. HELD THAT:- It is found that consequent to the passing of judgment by the Hon’ble Supreme Court in the case of M/s Unicorn Industries, the Department has raised a number of demands on the refunds already granted to various assessees; Hon’ble High Court of Jammu & Kashmir in the case of COMMISSIONER OF CGST AND COMMISSIONER OF CENTRAL EXCISE, J&K, JAMMU VERSUS NARBADA INDUSTRIAL BARI BRAHMANA JAMMU [2021 (10) TMI 1426 - JAMMU & KASHMIR AND LADAKH HIGH COURT], has held that the change of opinion of the Court in a subsequent matter of another party would not give any leverage to the appellants to re-open the decision which has attained finality. If the Department is barred from raising demands for the refunds already granted, the appellants also cannot seek interest on the refunds already granted. It is further found that CBEC clarified vide Circular No.682/73/2002-CX dated 19.11.2002 that the provisions of Section 11B of the Central Excise Act, 1944 are not applicable in the case of Exemption Notifications No.56/2002 and No. 57/2002 both dated 14.11.2002. The findings of the learned Commissioner (Appeals) that the mechanism of refund has been put in place in order to operationalize the exemption contained in the notifications and to the extent, refunds arising out of these notifications cannot be considered to be refunds under Section 11B of the Central Excise Act, 1944, is agreed upon. The appellants have not made out any case for grant of interest - Appeal rejected.
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