9911796707
TMI Blog2014 (7) TMI 879X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal filed by the petitioner challenging the order of the Assistant Commissioner, Central Excise rejecting the request of grant of interest on delayed refunds, was rejected. 4. The limited controversy to be addressed in the present case is, whether in the given circumstances, the petitioner is entitled for interest on the refund sanctioned under Section 11B of the Central Excise Act, 1944 (hereinafter referred to as the 'Act') which was claimed by the petitioner under Rule 18 of the Central Excise Rules, 2002 (hereinafter referred to as the '2002 Rules'). 5. Brief facts of the case are that the petitioner - M/s Rajan Overseas Pvt. Ltd. is engaged in the manufacture and export of stainless steel cutlery and utensils. During the relevant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder dated 13.06.2012, the said revision application was allowed and rebate claims for an amount of Rs. 8,80,332/- were sanctioned. 7. Pursuant to the order dated 13.06.2012, the Assistant Commissioner, Central Excise sanctioned the refund of an amount of Rs. 8,80,332/- by an order dated 15.09.2013. 8. Thereafter, the petitioner filed an application dated 15.10.2013 seeking interest at the rate of 8% p.a. or above, for the period the rebate claims were pending with the respondent. In the said application, the petitioner also referred to a common order passed by this court in WP(C) No.3696/2011 and WP(C) No.3215/2011, decided on 17.09.2012, wherein the court had allowed the refund of the amount alongwith interest at the rate of 8% per annu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also clarified that the Revenue shall make payment of interest on the said amount in the case of Rs. 10,74,449/- (WP(C) 3215/2011) w.e.f. 1.1.2009 till date of deposit in this Court i.e. 31.5.2011. Revenue shall also ensure that balance sum of Rs. 74,449/- together with interest for the said sum from 31.5.2011 till date @ 8% shall be paid, over and above the interest for the period 1.1.2009 to 31.5.2011 within four weeks from today. (iii) In the case of WP (C) 3696/2011, since the entire deposit of Rs. 16,73,018/- was made on 21.6.2011, the sum in addition to the principal along with interest accrued in Court would be payable from 1.6.2007 till 21.6.2011 @ 8% on the said amount of Rs. 16,73,018/-. This too shall be paid to the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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