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2018 (12) TMI 498 - AT - Central ExciseInterest on delayed refund - Refund of duty paid in excess - calculation of relevant date - the amount of said refund which got initially adjusted against the outstanding liability of the appellant, if subsequently that liability is set aside, the said period of 3 months has to be counted whether from the date of the initial sanctioning order or from the date of doing away the liability qua which the said amount was adjusted? Held that:- The period of 3 months under Section 11BB has to reckon from the decision of Tribunal doing way the liability against which part of sanctioned refund was adjusted. Admittedly, the said adjusted amount of ₹ 1,66,322/- has been refunded within 3 months of the said order. Question of levy of any interest does not at all arise. Otherwise also the said amount was adjusted against the liability of paying interest. Seen from this angle also there arises no question of levy of interest on interest. The Larger Bench of this Tribunal in the case of Indian Thermoplastics Pvt. Ltd. V/s. Commission of Customs, Kolkata [2003 (12) TMI 84 - CESTAT, NEW DELHI] has held that the applicant is entitled to interest from the date of final order passed by the Tribunal and if the amount is refunded within 3 months of the order of Tribunal, the same will be in consonance with the principle as contained under Section 11BB of CEA, 1944. The Adjudicating Authorities below have committed no error while declining the entitlement of the appellant for interest on the amount sanctioned in its favour - appeal dismissed - decide against appellant
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