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2016 (11) TMI 15 - CESTAT BANGALOREClaim of refund - Interest on delayed refund - limitation bar - Section 11BB - Price variation clause - manufacture of LPG gas cylinders, for supply to oil companies such IOCL, BPCL, HPCL - Held that: - Refund of any amount paid as excise duty can be refunded subject to provisions of Section 11B of the Central Excise Act. This will require filing of refund claim within the time limit prescribed therein and observance of all other conditions. It is an admitted position in the present dispute that no order of provisional assessment has been made under Rule 9B of the erstwhile Rules. If the normal time limit of one year were to be considered under Section 11B, for refund of duty paid during the period 7/99 to 10/2000, the refund claim ought to have been filed within a period of one year. In view of the price variation clause, the assessments are to be considered as deemed provisional assessment even if the formalities of Rule 9B is not observed. The time limit prescribed in Rule 9B, in cases where assessments are provisional, starts from the date of finalisation of provisional assessments. In the present case, if the assessments are deemed to be provisional, then the time limit has to start from the date of its finalisation. It has been confirmed by the learned advocate appearing for the assessee that the adjustment and finalisation of the prices were completed by October 2001. We are of the view that the deemed provisional assessments are to be deemed as finalised by this date. The refund claim can at best be allowed to be filed within the period of limitation starting from October 2001. We are afraid that such a liberal interpretation would also not come to the aid of the assessee, inasmuch as the claim has been filed only as late as 24.8.2006. Therefore the claim is hopelessly time barred. Once the refund itself has been held to be not admissible on account of time bar under Section 11B, the question of payment of interest under Section 11BB does not arise - appeal disposed off - decided against Appellant.
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