TMI Blog2017 (12) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner was not entitled to payment of interest on the refund amount - interest allowed - appeal dismissed - decided against Revenue. - E/86125/16 - A/90995/2017 - Dated:- 29-11-2017 - Shri Raju, Member (Technical) Shri Ajay Kumar, AC (AR) for the appellant Shri V.B. Gaikwad, Advocate (AR) for the respondent ORDER Per : Raju This appeal has been filed by revenue against grant of interest by Commissioner (Appeals) on refund sanctioned to appellants. 2. Ld. AR pointed out that the refund was sanctioned to the appellants and transferred to Consumer Welfare Fund. Later, refund was allowed by the adjudicating authority following the decision of the Tribunal in Order no.A/563/14/SMB/C-IV dated 19.03.2014. He po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned order, at paragraph -12 has recorded the following findings while coming to a conclusion of rejecting the appeal filed by the assessee :- 12. In the instant appeal, the crux of the matter is that the appellant filed a refund application on 14-9-2005, arisen after re-assessment of 8 Bills of Entry vide Order-in-Original No. SBY/De-novo/50/2005-06, dated 30-4-2005. A show cause notice dated 25-11-2005 was issued asking the appellant as to why the refund amount should not be credited to the Consumer Welfare Fund. The show cause notice was decided vide OIO No. 57/Cus/SBY/ 2005, dated 30-12-2005 whereby the refund amount was admitted and transferred to Consumer Welfare Fund. Being aggrieved with the order dated 30-12-2005, the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant but was credited to Consumer Welfare Fund. The appellant, aggrieved by such an order took the matter in appeal and won in Tribunal vide Order Nos. A/1314-1319/WZB/AHD/2010, dated 20-8-2010. If that be so, the judgment of the Apex Court in the case of Ranbaxy (supra) will cover the issue in favour of the assessee. I may, with respect reproduce the ratio of their Lordship enumerated in Paragraphs 14 and 15:- 14. At this stage, reference may be made to the decision of this Court in Shreeji Colour Chem Industries (supra), relied upon by the Delhi High Court. It is evident from a bare reading of the decision that insofar as the reckoning of the period for the purpose of payment of interest under Section 11BB of the Act is c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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