TMI Blog2016 (10) TMI 448X X X X Extracts X X X X X X X X Extracts X X X X ..... se is 21.8.2002. - Interest on refund allowed - Decided in favour of appellant. - E/2142/2007-EX(DB) - Final Order No. 70651/2016 - Dated:- 14-6-2016 - Shri Anil Choudhary, Judicial Member and Shri Anil G. Shakkarwar, Member (Technical) Present for the Appellant: Shri Atul Gupta, Advocate Present for the Respondent: Shri Kamal Puggal, (Assistant Commissioner) A.R. ORDER Brief facts of the case are that the appellant filed claim of refund of ₹ 41,44,452/- on finalization of provisional assessment on 20/05/2002. Through Order-in-Original dated 20/12/2002 the refund was granted but was credited to Consumer Welfare Fund. The appellant filed appeal against said Order-in-Original dated 20/12/2002 before the Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in-Original dated 29.9.2006 rejecting the interest on delayed refund on the ground that the refund was sanctioned within one month from the order passed by Tribunal. The appellant preferred appeal before Commissioner (Appeals) against Order-in-Original dated 29/9/2006, stating that the finding of original authority was contrary to Section 11BB of the Central Excise Act, 1944, Commissioner (Appeals) through Order-in-Appeal No. 44/CE/APPL/Noida/07 dated 25.4.2007 rejected the appeal. 2. Aggrieved by the said Order-in-Appeal dated 25/4/2007, the appellant before us. 3. The grounds of appeal inter alia are that since the refund application was submitted on 20.05.2002 and since three months period from the date of fling of refund claim was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 25,60,615.29/- for the period from 21.8.2002 to 19.12.2005. He has relied on ruling of Hon'ble Supreme Court in the case of Ranbaxy Laboratories Ltd. Vs. Union of India reported at 2011 (273) ELT 3 (S.C.). The Id. Counsel for Revenue supported the impugned order in appeal. 5. We have carefully gone through the rival contentions. It is undisputed that refund of the ₹ 25,60,615.29 was allowed to appellant on 09.12.2005. It is undisputed that the refund application was filed on 20.5.2002. The Hon'ble Supreme Court in the above stated case at Para 15 has ruled as follows:- Para 15. In view of the above analysis, our answer to the question formulated in para (1) supra is that the liability of the revenue to pay interes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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