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M/s. Purnima Advertising Agency Pvt. Limited Versus Commissioner of Service Tax, Ahmedabad

2015 (11) TMI 974 - CESTAT AHMEDABAD

Claim of Interest on refund - applicable date up to which the interest is to be paid - initially refund was credited to consumer welfare fund on the ground of unjust enrichment - revenue contended that refund was sanctioned on 03.6.2008 and department has credited the same to the Consumer Welfare Fund as per law. Hence, department was liable to pay interest only from 24.04.2005 to 02.6.2008. - appellant claims that interest may also be paid to them from 24.04.2005 to 10.03.2010, on which date th .....

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transferred to the Appellant. The appellant is therefore rightfully entitled for the refund amount along with interest for the period from 24.4.2005 to 02.6.2008, as held by the Commissioner (Appeals) in the impugned order - Decisions in the case of Salem Cylinders Pvt. Limited vs. CCE, Salem (2013 (6) TMI 579 - CESTAT CHENNAI) distinguished - Decided against Assessee. - Appeal No. ST/376/2010 - ORDER No. A/11615/2015 - Dated:- 6-11-2015 - Mr. P. M. Saleem, Hon ble Member ( Technical ) For the .....

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. I can break up the chronology of this refund claim in two parts. (1) 24.01.2005 to 31.01.2008 Which is period when appellant filed for refund and the Assistant Commissioner rejected the entire refund claim of ₹ 42,68,686/-. Commissioner (Appeals) by his order dated 03.6.2008 held that part of the claim of ₹ 13,73,664/- was rightly rejected on the grounds of limitation whereas the remaining claim of ₹ 28,94,976/- was found admissible but the same being hit by unjust enrichment .....

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y Commissioner Appeals and set-aside the order of the Commissioner Appeals. However the findings of the Assistant Commissioner and Commissioner Appeals on limitation aspect were upheld by the Tribunal. In view of this there is no interest payable on ₹ 13,73,664/- at all. As a consequent to the Tribunal s order, the Assistant Commissioner refunded the amount of ₹ 28,94,776/- to them on 11.03.2010. This refund was made within three months of the order of CESTAT and hence no interest is .....

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part was sanctioned but was ordered to transfer to Consumer Welfare Fund on the ground of unjust enrichment vide order of Commissioner (Appeals) dated 03.06.2008. Subsequently, the Tribunal vide order dated 11.12.2009, held that bar of unjust enrichment will not be applicable to the said refund claim and therefore, the said amount may be refunded to the appellant. The learned Consultant, therefore, submits that interest may also be paid to them from 24.04.2005 to 10.03.2010, on which date the re .....

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partment has credited the same to the Consumer Welfare Fund as per law. Hence, department was liable to pay interest only from 24.04.2005 to 02.6.2008. 5. On perusal of the records and after consideration of the contentions of both sides, we find as per admitted facts, the refund claim was submitted on 24.01.2005 and it was sanctioned on 03.06.2008, but was transferred to Consumer Welfare Fund as it was held that same was hit by unjust enrichment. Therefore, the interest would be payable after t .....

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on due to this order has therefore, arisen on the date of issue of the Tribunal order. It is seen that the Revenue, consequently granted the refund amount within three months of the order of the Tribunal to the appellant, along with interest from 24.04.2005 to 02.06.2008. As the Revenue had sanctioned refund claim on 03.6.2008 and transferred the amount to Consumer Welfare Fund as per the provisions of law, Revenue cannot be held to be liable to grant interest subsequent to the period from 03.6. .....

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