TMI Blog2013 (12) TMI 935X X X X Extracts X X X X X X X X Extracts X X X X ..... d claim made, Section 11B of the Act specifically provides that any person claiming refund has to make an application. By reading these two Sections together, it becomes quite clear that the interest is required to be granted when the claim is sanctioned beyond a period of three months from the date of application. In this case, the Commissioner (Appeals) on an appeal filed by the Respondent Asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the impugned Order whereby it has been held that the Appellant Assessee is entitled to interest on the Refund sanctioned to them belatedly. 2. Learned Additional Commissioner (Authorised Representative) appearing on behalf of the Revenue submits that the Respondent Assessee has never made a claim for interest. The Commissioner (Appeals) did not take notice of this fact and has ordered fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per Section 11AB of the Central Excise Act, 1944, when a refund is not made within three months from the date of receipt of the application, interest shall be paid. The words used in that Section are - ...interest shall be paid. The said Section does not speak of either any application or any request, to be made for payment of interest. In case of any refund claim made, Section 11B of the Act sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken into account. Under these circumstances, we find that the impugned order passed by the Commissioner (Appeals) is proper and correct and needs no interference. Accordingly, the Appeal filed by the Revenue is rejected. The Stay Petition filed by the Department and the Cross Objection filed by the Respondent Assessee, also get disposed of. (Dictated and pronounced in the open court) - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
