Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2022 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 1206 - AT - Central ExciseInterest on delayed refund - Interest claimed u/s 11BB of CEA on the ground that the provisions of Section 11BB shall not apply in case where the Exemption Notification No. 32/99-CE dated 08.07.1999 is being claimed - HELD THAT:- In the case of DHARAMPAL SATYAPAL LTD. VERSUS UNION OF INDIA [2018 (1) TMI 1565 - GAUHATI HIGH COURT], the Hon’ble High Court passed a similar Order and allowed the interest on account of delayed payment of refund under Section 11BB - The SLP filed against the said Order by the Revenue in UNION OF INDIA VERSUS DHARAMPAL SATYAPAL LTD. [2018 (7) TMI 2098 - SC ORDER] is pending before the Hon’ble Supreme Court and the notice was issued. It is also found that no stay from the operation of the Order of the Hon’ble High Court was granted by the Hon’ble Supreme Court. Under the prevailing circumstances the Order of the Hon’ble Gauhati High Court in the case of M/s.Dharampal Satyapal Ltd. Vs. UOI has the binding effect on this Tribunal. The Appellant is entitled for interest under Section 11BB. Accordingly, the interest to the Appellant is allowed under Section 11BB immediately after 3 (three) months from the date of filing of the application - the Revenue is directed to make the payment of interest to the Appellant within a period of 2 (two) months from the date of receipt of this order. Appeal allowed - decided in favor of appellant.
|