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2015 (10) TMI 1031 - CESTAT MUMBAI

2015 (10) TMI 1031 - CESTAT MUMBAI - TMI - Claim of interest under Section 11B read with 11BB of the Central Excise Act for delayed payment of refund - refund of accumulated CENVAT credit - Held that:- The issue is squarely covered by the ruling of the Hon'ble Supreme Court in the case of Ranbaxy Laboratories Limited vs. Union of India - [2011 (10) TMI 16 - Supreme Court of India] delivered vide order dated 21.10.2011 in which it is held that the assessee is entitled to interest on refund from t .....

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mr (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 Excise Act, 3 months after the date of the appellate order. 2. The brief facts are that the respondent-assessee had file .....

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sessee vide the application dated 16/1/09 duly received by the Revenue on 20/1/09. The assessee informed that they had filed refund application on 11.03.2008 for refund of accumulated CENVAT credit in respect of inputs and input services in terms of Rule 5 of CENVAT Credit Rules, 2004 read with Notification no. 11/2002-CE, with the Dy. Commissioner f Central Excise. The Dy. Commissioner vide Order-in-Original sanctioned the refund amount of ₹ 4,84,58,922/- and disallowed the part of refund .....

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essee 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 lo .....

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e-extracted provisions that Section 11BB of the Act comes into play only after an order for refund has been made under Section 11B of the Act. Section 11BB of the Act lays down that in case any duty paid is found refundable and if the duty is not refunded within a period of three months from the date of receipt of the application to be submitted under sub-section (1) of Section 11B of the Act, then the applicant shall be paid interest at such rate, as may be fixed by the Central Government, on e .....

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