TMI Blog2016 (12) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... n’ble Supreme Court in CCE, Hyderabad vs. I.T.C. Limited [2004 (12) TMI 90 - SUPREME COURT OF INDIA] held that in terms of draft Circular by the Board interest shall be payable for delay beyond of three months after final disposal of dispute between the parties. The contents of the Circular was ordered to be part of the order of the court. In this connection, we note that the Board vide Circular dated 08/12/2004 held that such refund should be disposed of within three months from the date of the order of the Tribunal/Court etc., failing which due interest shall be payable - We find that the Original Authority categorically held that the amount of ₹ 2 crores is a pre-deposit amount, which was paid by the appellant at the investigation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t aside the original order and allowed the appellant s appeal. The Department was directed to return the deposited amount without delay. On 03/5/2001, the appellants preferred an application for refund. The refund claim was sanctioned on 26/3/2002. On 08/4/2008, the appellant filed a letter claiming interest for delayed payment of refund. The claim was rejected by the order dated 29/8/2008. The said order was upheld by the Commissioner (Appeals). The Commissioner (Appeals) held that the date for interest calculation starts after three months from the date of refund application. The said three months cannot start from the date of original application as it was not in the prescribed manner supported by documentary evidence. Further, it was he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r by the Board interest shall be payable for delay beyond of three months after final disposal of dispute between the parties. The contents of the Circular was ordered to be part of the order of the court. In this connection, we note that the Board vide Circular dated 08/12/2004 held that such refund should be disposed of within three months from the date of the order of the Tribunal/Court etc., failing which due interest shall be payable We also referred to the decision of Hon ble Punjab Haryana High Court in Shree Moud Products Pvt. Ltd. reported in 2016 (340) E.L.T. 79 (P H), wherein it is upheld that interest is liable to be paid for the period after three months of the order by the Tribunal till actual sanction. We find that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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