Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 268 - CESTAT HYDERABADRefund claim - excess duty paid on Target Achievement discount, Cash discount, Turnover tax, Freight, Octroi, during the period from July, 1985 to September, 1996 in respect of Electric Fans falling under sub-heading no. 8414.80 of the First Schedule to the Central Excise Tariff Act, 1985 - refund claim for refund of pre-deposit amount of ₹ 23 Lakh - Whether the amount of ₹ 23 Lakhs is included in the amount of ₹ 54,30,017/- or not and (ii) If it is not included, the assessee is eligible for refund as the refund claim is within the time limit? - provisional assessment covered by Rule 9B of the erstwhile Central Excise Rules, 1944 - Held that: - In appeal No. E/541/2007, the lower appellate authority has set aside order of original authority and has held that appellant are eligible for refund of ₹ 54,30,017.82/- with interest. In appeal E/817/2009 in the second ground of litigation, lower appellate authority has once again held that appellants are eligible for said amount of interest. It is seen that in both orders the appellate authorities have analysed the matter in great detail and only there after arrived at the conclusion of sanction of refund and interest. We do not find any infirmities in these impugned orders. Hence no merit found in these appeals. Interest on delayed refund - Department has argued that since the period involved in the refund claim is July 1985 to September 1996, the interest liability will not arise in their case since provisions of 11BB have come into force w.e.f 26.05.1995 - Held that: - the provisional assessment itself was finalized only on 27.08.1998 and the refund claim filed on 23.02.1999. The order of refund was vide Order in Original dated 10.08.2007. This being so there is no merit in the departments contention against grant of interest on delayed refund as ordered by lower appellate authority in OIA dated 10.11.2009. Appeal dismissed - decided against Revenue.
|