TMI Blog2014 (8) TMI 436X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act are clearly applicable to the facts of the present case and as such the respondent is entitled to interest on delayed refund of Cenvat Credit as claimed by it - Following decision of CCE, Vapi vs. Reliance Industries Limited reported at [2010 (10) TMI 190 - GUJARAT HIGH COURT] - Decided in favour of assessee. - E/90/2008 - A/11492/2014 - Dated:- 7-8-2014 - H K Thakur, J. For the Appellant : Ms Shilpa Bahana, Adv For the Respondent : Shri Alok Srivastava, AR PER : H K Thakur This appeal has been filed by the appellant with respect to OIA No. KRS/59/Vapi/2007 dated 10.10.2007 passed by Commissioner (Appeals), Vapi. Under this order the first appellate authority has rejected the payment of interest on delayed re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicable to the facts and circumstances of this case. 3. Shri Alok Srivastave (AR) appearing on behalf of the revenue argued that at the time when the order was passed by the first appellate authority the case law relied upon by the appellant were not available and he accordingly, defended the order passed by the lower authorities. 4. Heard both sides and perused the case records. In this case the issue involved is whether interest on delayed payment of refund sanctioned as per Rule 5 of the Cenvat Credit Rules, 2004 read with Section 11B of the Central Excise Act, 1944 is payable to the appellant or not. It is observed from the case law of CCE, Vapi vs. Reliance Industries Limited (supra) that the Honble High Court of Gujarat has hel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 44 would be governed by the provisions of Section 11BB of the Act. Rule 57F of the said Rules made provision for the manner of utilisation of inputs and credit allowed in respect of duty paid thereon. Sub-rule (13) of rule 57F made provision for refund of accumulated credit in case where for any reason it was not possible to adjust the same in the manner provided under the said sub-rule. Sub-rule (13) of Rule 57F of the said Rules is more or less in pari materia to the provisions of Rule 5 of the Cenvat Credit Rules, 2002/2004. Thus, the instructions issued by the Central Government under the aforesaid Circular would also be applicable to refunds under rule 5 of the Rules, which instructions are binding on the revenue. 5. In view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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