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2016 (11) TMI 412 - BOMBAY HIGH COURT

2016 (11) TMI 412 - BOMBAY HIGH COURT - TMI - Interest payable on delayed refund - Held that:- No substance in the contention for what the governing words are “if any duty ordered to be refunded under sub-section (2) of section 11-B to any applicant is not refunded …..”. Therefore, if that duty ordered to be refunded is not refunded within three months from the date of receipt of application under sub-section (1) of section 11-B, then, the liability to pay interest arises. We find that the order .....

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r-in-original dated 7th November, 1997. The demand under that order was restricted to ₹ 72,84,929/-. Penalty was also imposed. 2. The demand in the show cause notice was ₹ 1,41,52,531. That was not entirely confirmed, but restricted as above. On the basis of these findings and conclusions in the order-in-original, a refund claim was filed. That was earlier rejected by the Assistant Commissioner only on the ground of limitation. The said order was challenged before the Commissioner (A .....

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aving been denied, the assessee preferred an appeal before the Commissioner (Appeals). That was dismissed on 26th July, 2005. However, when the assessee approached the tribunal, the tribunal allowed it on the basis of a view taken by the tribunal that on coming into force of section 11- BB of the Central Excise Act, 1944, the interest is payable on delayed refund. Such was also a view taken earlier by the tribunal. 3. Mr. Bangur would submit that we must see para 4 of the impugned order and sinc .....

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