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2019 (9) TMI 832 - AT - Central ExciseInterest on refund - duty paid on the inputs utilized in the manufacture of exported detergent - Section 11BB of CEA - HELD THAT:- The proviso to the said Section lays down that where the refund application stands made before the date on which the Finance Bill, 1995 receives the assent of the president and is not refunded within 3 months from such date, the appellant shall be paid interest under the said Section from the date immediately after three months from such date, till the date of refund of such amount - In terms of the said proviso, which applies to all the refund applications pending on the date of introduction of said Section 11BB, all such refund applications are supposed to be decided within a period of 3 months and if the amount is not refunded, the assessee shall be entitled to interest on the said refund, from the expiry of period of three months till the actual date of payment of such refund amount. The Learned Commissioner (Appeals) has merely rejected the claim of interest on the sole ground that the provisions of Section 11-BB were introduced in the Act only w.e.f. 26 May, 1995 and as the application for refund was made on 29.12.1989, the same would not apply to the said refund application - but in terms of the proviso to said Section 11-BB, the revenues interest liability would start accruing after the expiry of period of 3 months from 26 May, 1995. Matter remanded to Original Adjudicating Authority for calculation of the interest to be paid to the appellant - appeal allowed by way of remand.
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