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2011 (9) TMI 868 - CESTAT CHENNAIInterest on delayed refund - Unjust enrichment - Held that:- claim for refund was filed on 26-3-2002 and the legal position is that the three months’ period for grant of refund is to be calculated from the date of making an application for refund and not from the date of sanction subsequently. This is the view taken by the Tribunal in several cases including that of the same assessees as seen from - [2008 (3) TMI 191 - CESTAT, CHENNAI]. Since the refund was sanctioned only in Oct.’10, while the claim for refund was made on 26-3-2002, there is no dispute that there is an inordinate delay in grant of the refund, thereby justifying the assessee’s claim for interest on the refund amount for the period from 26-6-2002 to 29-10-2010 (i.e., from the expiry of three months from the date of filing the refund claim till the date of payment). I, therefore, set aside the impugned order as I hold that the assessees are entitled to interest for the period from 26-6-2002 to 29-10-2010 - Decided in favour of assessee.
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