TMI Blog2015 (10) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... nificantly, the board has stressed that the provisions of Section 11BB of the Act are attracted automatically on any refund which is sanction beyond a period of three months. - Decided against Revenue. - Appeal No. E/690, 1251, 1252, 1253/10-MUM - - - Dated:- 13-4-2015 - Anil Choudhary, Member (J),J. For the Appellants : Shri H M Dixit, Asst Commr (AR) Shri J C Patel Adv. For the Respondent : Ms. Shilpa Balani and Mr Nikhil Rungta, Advs. ORDER Per: Anil Choudhary: The Revenue is in appeal against the order of Commissioner (Appeals) granting interest from the date being 3 months from the date of application made for refund. According to Revenue, interest is payable under Section 11B read with 11BB of the Central E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Commissioner (Appeals) against the impugned order who allowed the appeal of the respondent-assessee holding that the assessee is entitled to interest from the end of 3 months from the date of its refund application, filed in 2008. Reliance was placed on the ruling of the Hon'ble High Court in the case of Swaraj Mazda Ltd. 2009 (235) ELT 788 (Bombay) and further reliance was placed on the ruling of this Tribunal in the case of CCE, Hyderabad vs. Paras Waves - 2008 (224) ELT 295 (Tri-Bang). Being aggrieved the Revenue is in appeal before this Tribunal. 3. Heard the parties. 4. It is seen that the issue is no longer res-integra. The issue is squarely covered by the ruling of the Hon'ble Supreme Court in the case of Ranbaxy Labo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om which interest becomes payable under Section 11BB of the Act. Manifestly, interest under Section 11BB of the Act becomes payable, if on an expiry of a period of three months from the date of receipt of the application for refund, the amount claimed is still not refunded. Thus, the only interpretation of Section 11BB that can be arrived at is that interest under the said Section becomes payable on the expiry of a period of three months from the date of receipt of the application under Sub-section (1) of Section 11B of the Act and that the said Explanation does not have any bearing or connection with the date from which interest under Section 11BB of the Act becomes payable. 10. It is a well settled proposition of law that a fiscal legi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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