Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2024 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (3) TMI 794 - KARNATAKA HIGH COURTInterest on refund received belatedly - Section 11BB of Central Excise Act, 1944 - HELD THAT:- A perusal of the material on record, comprising of the details of the refund orders and refund payments made in favour of the petitioner as enumerated in Annexure-C clearly indicate that, the petitioner would be entitled for interest for delayed refund in terms of Section 11BB of the Act. The reasons assigned by the respondents in refusing grant of interest in Annexure-B dated 25.04.2022 is clearly erroneous in as much as adjudication proceedings have not been initiated against the petitioner as borne out from the material on record even till today. Under these circumstances, there is absolutely no impediment to direct the respondents to grant applicable interest on delayed refund in terms of Section 11BB of the Act in favour of the petitioner. However, in order to grant an opportunity to the concerned respondent for the limited purpose to verify the calculation of quantum of interest on the delayed refund as claimed by the petitioner, it is deemed just and appropriate to set aside Annexure-B dated 25.04.2022 and direct the concerned respondent to grant interest on the refund as sought for in Annexure-C dated 15.06.2022 in favour of the petitioner after making due verification and in accordance with law within a stipulated time frame. Petition allowed.
|