TMI Blog2016 (11) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... ility of refund was settled only subsequently in appeal by the Commissioner, Tribunal or Court. The Hon’ble High Court has held that even in such cases, the interest would be payable from 3 months from the date of refund application. The appellants would be eligible for interest on delayed refund from the date of expiry 3 months from the date of filing the refund application as per the provisions of Section 11 BB of the Act. However as Section 11 BB was enacted only on 26.05.1999, the appellants would be eligible for interest on delayed refunds from 26.05.1999 till the date of sanction of refund - appeal allowed. - E/1585/2009 - A/11063/2016 - Dated:- 29-9-2016 - Mr. P. M. Saleem, Member (Technical) For Appellant (s) : Shri Parit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted. Ultimately the decision of the Commissioner (Appeals), which was accepted by the department, set the said issue at rest in favour of the appellants. The contention of the department is that the period of 3 months should count from the said date of the final decision to the Commissioner (Appeals). 4. On careful consideration of the arguments of both sides and examination of the provisions of Section 11 BB of the Central Excise Act, 1944 and the case laws, we find that the issue is squarely settled. The Hon ble Apex Court in the case of Union of India (supra) upheld the earlier decision of the Honble Supreme Court in the case of Ranbaxy Laboratories Ltd, wherein it was held that as per the provisions of Section 11 BB of the Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen the issue of eligibility of refund was settled only subsequently in appeal by the Commissioner, Tribunal or Court. The Hon ble High Court has held that even in such cases, the interest would be payable from 3 months from the date of refund application. 6. In view of the above, we find that in the instant case the appellants would be eligible for interest on delayed refund from the date of expiry 3 months from the date of filing the refund application as per the provisions of Section 11 BB of the Act. However as Section 11 BB was enacted only on 26.05.1999, the appellants would be eligible for interest on delayed refunds from 26.05.1999 till the date of sanction of refund. 7. Appeal is allowed on the above terms. (Order dict ..... X X X X Extracts X X X X X X X X Extracts X X X X
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