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2016 (8) TMI 896 - CESTAT NEW DELHI

2016 (8) TMI 896 - CESTAT NEW DELHI - TMI - Interest on delayed refund business auxiliary services Held that: - the issue has been decided in a Supreme Court judgement in Union of India and ors. vs. M/s Hamdard (Waqf) Laboratories 2016 (3) TMI 68 - SUPREME COURT. The interest for delayed payment of refund will be payable from the date of expiry of the period of three months from the date of receipt of the refund claim till the date of payment of refund appeal allowed decided in favor of .....

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oviding services. They filed refund claims for refund of service tax paid under Business Auxiliary Service. The two refund applications were considered by the Adjudicating Authority but were rejected through separate orders both dated 3rd June, 2011. The appeals filed against these orders were not successful before the Commissioner (Appeals). When the matter was carried to CESTAT, the issue was remanded back vide separate orders dated 28/3/2014. On re-consideration of the refund claims, the Orig .....

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Tribunal on the ground that interest will be payable from the date after expiry of three months from the date of filing of refund claim till the date of payment of the refund. 2. I heard Shri A.K. Batra, C.A. and Shri Varun Gupta, Advocate for the appellant and Shri R.K. Mishra and Shri Dharam Singh, learned DRs for the Revenue. I find that this issue has already been settled by the Hon ble Supreme Court. The learned C.A. has brought to my notice the decision of the Hon ble Supreme Court in Unio .....

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nection, I reproduced below the relevant paragraph 17 of the decision of the Apex court in Hamdard (Waqf) Laboratories (supra) :- 17. The seminal issue is whether there has been delay in grant of refund and consequently, whether the respondent-assessee is entitled to interest. Keeping in view the enumerated facts, the submissions canvassed and the provisions referred to, it is necessary to appreciate the principle stated in Ranbaxy Laboratories Limited (supra). In the said case, the question aro .....

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