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2016 (11) TMI 571 - AT - Central ExciseInterest on refund - Section 11 BB of the Central Excise Act, 1944 - Whether interest would be payable on the refund sanctioned w.e.f. 3 months of filing refund application, or from 3 months after the final decision in favour of the appellants by the appellate authority? - Held that: - reliance placed on the decision of the case of C.C., Airport & ACC, Banglore vs. Pfizer Products India Pvt. Ltd. [2015 (9) TMI 34 - KARNATAKA HIGH COURT] where it was held that the interest on delayed refund would be payable from the date of expiry of 3 months from the date of refund application, even when the issue of eligibility of refund was settled only subsequently in appeal by the Commissioner, Tribunal or Court. The Hon’ble High Court has held that even in such cases, the interest would be payable from 3 months from the date of refund application. The appellants would be eligible for interest on delayed refund from the date of expiry 3 months from the date of filing the refund application as per the provisions of Section 11 BB of the Act. However as Section 11 BB was enacted only on 26.05.1999, the appellants would be eligible for interest on delayed refunds from 26.05.1999 till the date of sanction of refund - appeal allowed.
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