2017 (6) TMI 938 - AT - Central Excise

Liability of interest - excess refund granted earlier - Held that - in the earlier refund also under Rule 5 of CCR, 2002/2004 assessee was sanctioned ₹ 1,78,80,551/- being the amount sanctioned in excess and the same was recovered subsequently in April, 2005. Hence, for the period February, 2004 to April, 2005 as the said amount remained with the assessee, the interest was calculated amounting to ₹ 6,71,691/- and the same was adjusted out of the refund for the period October, 2004 to December, 2004 - the interest on refund excess granted earlier, have been rightly adjusted. Amount short debited - Held that - the adjustment for the said amount upheld. Interest on delayed refund - Section 11 BB of the Central Excise Act - Held that - there is no delay on the part of revenue, rather with the intervention of revenue, against the original refund claim amount of ₹ 3,56,18,711/- appellant was sanctioned a refund of ₹ 3,67,64,436/-. Thus, in the errors pointed out by revenue, which were finally corrected by the appellant in course of time and thereafter, we find, refund has been granted and sanctioned and also disbursed within a period of approximately one month, we hold that no interest under Section 11 BB of the Act is payable. Appeal dismissed - decided against appellant.

Summary

Issues:
1. Adjustment of interest on excess refund previously granted.
2. Appropriation of amounts against earlier refunds.
3. Claim of interest on delayed refund.

Analysis:

Issue 1: Adjustment of interest on excess refund previously granted
The appellant-assessee challenged the adjustments made out of the sanctioned refund in the impugned Order-in-Appeal. The Tribunal examined the deduction of interest amounting to ?6,71,691, which was adjusted from the refund for the period October 2004 to December 2004. The Tribunal agreed with the findings of the Commissioner (Appeals) that the interest on the excess refund granted earlier was rightly adjusted. This decision was based on the fact that the amount sanctioned in excess earlier was subsequently recovered, and interest was calculated for the period it remained with the assessee.

Issue 2: Appropriation of amounts against earlier refunds
Regarding the amount of ?20,78,153, the Tribunal noted two parts. Firstly, an amount of ?17,35,197, which was earlier ordered to be debited but was short debited. The Tribunal upheld the appropriation of this amount against the excess amount refunded previously with interest up to February 2005, as the relevant order was not appealed against and had attained finality. Secondly, an amount of ?3,42,727 was also directed to be debited in an earlier order dated 3rd February 2005, which was not challenged and had attained finality. The Tribunal upheld the adjustment for this amount as well.

Issue 3: Claim of interest on delayed refund
In terms of Section 11BB of the Central Excise Act, the Tribunal considered the claim of interest on delayed refund. It was observed that there was no delay on the part of the revenue, as the appellant was sanctioned a refund against the original claim amount with the intervention of the revenue. The errors pointed out by the revenue were corrected by the appellant, leading to the grant, sanction, and disbursement of the refund within a month. Consequently, the Tribunal held that no interest under Section 11BB of the Act was payable.

In conclusion, the Tribunal found no merit in the appeal and dismissed it. The assistance provided by the Advocate as Amicus-curie was appreciated by the Tribunal.