Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (12) TMI 1654 - CESTAT NEW DELHIInterest for delayed sanction of refund - Section 11BB of the CEA, 1944 - relevant date for calculation of interest - Held that: - the liability of the Revenue to pay interest under Section 11BB ibid commences from the date of expiry of three months from the date of receipt of application of refund under sub-section (1) of Section 11B ibid. Time taken for verification of documents, issuance of show cause notice and adjudication of the dispute by Revenue should be excluded for the purpose of computation of the period for sanctioning the refund - In this case, since the assessee had submitted all the desired documents on 22.11.2004, such date should be considered as the relevant date for filing the refund application. Since the refund amount was not paid within three months from the date of its filing, the assessee is entitled for interest from the date of expiry of three months from filing the refund application i.e. 21.02.2005, till the date of actual payment of the refund amount i.e. 03.01.2006 - appeal dismissed - decided against Revenue.
|