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2016 (10) TMI 273 - PUNJAB AND HARYANA HIGH COURT

2016 (10) TMI 273 - PUNJAB AND HARYANA HIGH COURT - 2016 (340) E.L.T. 79 (P & H), 2016 (44) S.T.R. 592 (P & H) - Entitlement of interest w.e.f. 21.8.2008 on refund - whether @12% or 6% in terms of Section 11BB of the Act - amount of pre-deposit made by the assessee - amount is not refunded within three months from the date of passing of the order - Held that:- part of the amount, was refunded to the appellant in January, 2009, whereas remaining part of the amount was refunded in April, 2009. As .....

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as 21.10.2008. Hon'ble Supreme Court in the case of Commissioner of Central Excise, Hyderabad v. I.T.C. Ltd.[2004 (12) TMI 90 - SUPREME COURT OF INDIA] allowed the refund along with interest @ 12% per annum. Therefore, the appellant herein is entitled to payment of interest @ 12% per annum for the period after three months till the refund was granted after passing of the order by the Tribunal on 2.5.2008. - Appeal disposed of - Central Excise Appeal No. 37 of 2015 (O&M) - Dated:- 27-7-2016 - MR. .....

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e.f. 21.8.2008 ? (ii) Whether the appellant is entitled to interest @ 12% or 6% in terms of Section 11BB of the Act ? (iii) Whether the findings of learned Tribunal are perverse and contrary to the record ? 2. Learned counsel for the appellant submitted that the appellant is engaged in the manufacture of plywood, block boards, flush doors and penal doors. The respondent issued show cause notice to the appellant on 24.2.1997 proposing to levy excise duty and penalty for the period from March, 199 .....

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lant disposed of its factory and deposited the entire amount of duty, interest and penalty amounting to ₹ 1,92,95,372/-. On deposit thereof, the appeal of the appellant was restored by the Tribunal and heard on merits. Vide order dated 2.5.2008, the appeal preferred by the appellant was allowed by the Tribunal. The demand was set aside and the matter was remitted back to be disposed of in terms of the directions issued. As the order was set aside, the appellant became entitled to refund of .....

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partially the same was granted on 17.4.2009. The appellant claimed interest on delayed refund of the amount. The application for refund of the amount along with interest thereon was dealt with by the Assistant Commissioner by passing the Order-in-Appeal on 13.1.2009 after appropriating part of the amount against demand raised vide order dated 17.10.2008. ₹ 88,72,686/- were directed to be credited to Consumer Welfare Fund and refund of ₹ 76,44,080/- was directed. The appellant preferr .....

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refunded within three months of the passing of the order. Aggrieved against the order, the appellant preferred appeal before the Tribunal, which was dismissed vide order dated 14.1.2015 declining the relief of interest. 3. Learned counsel for the appellant submitted that the issue regarding entitlement of interest on the amount of pre-deposit made by the assessee after decision of the case came up for consideration before Hon'ble the Supreme Court in Commissioner of Central Excise, Hyderaba .....

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icient along with copy of the order, on the basis of which the refund became due. He further relied upon a Division Bench judgment of this court in CWP No. 22541 of 2012- M/s LSE Securities Ltd. v. Assistant Commissioner, Service Tax Division, Chandigarh, decided on 6.5.2014, where interest @ 15% per annum was directed to be paid for the period after three months from the date the refund became due. Reference was also made to another Division Bench judgment of this Court in CWP No. 16213 of 2014 .....

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s made immediately thereafter on 22.5.2008. As the amount was refunded in January and April, 2009, the appellant was entitled to interest for the period beyond three months from the date of passing of the order of the Tribunal @ 12% per annum, as awarded by Hon'ble the Supreme Court in I.T.C. Ltd.'s case (supra). 4. On the other hand, learned counsel for the respondent submitted that as is evident from the order passed by the Tribunal, the application for refund was filed on 21.10.2008 a .....

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