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TMI Blog2017 (12) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... that the respondents approached the Commissioner (Appeals) who allowed the sanctioned of refund. Revenue relies on the decision of the Hon'ble High Court in the case of Manisha Pharmo Plast Pvt. Ltd. - 2010 (262) ELT 165 (Guj.) wherein it was held that no interest would be payable if the amount was lying in Consumer Welfare Fund and not with Revenue. 3. Ld. Counsel for the respondents relies on the decision of the apex court in Ranbaxy laboratories Ltd. - 2011 (273) ELT 3 (SC). He relied on the case of Gupta Steel (Ship Breakers) - 2011 (311) ELT 252 where the decision of the Hon'ble High Court of Ahmedabad distinguished the decision in the case of Manisha Pharmo Plast Pvt. Ltd. (supra). He relied on the decision of the Hon'bl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... als), Jamnagar who vide their Order-in-Appeal No. 56 to 63/JMN/ 2006, dated 19-4-2006 have dismissed the appeal. Further, the appellant filed appeals along with stay application with CESTAT who vide their Final Order No.A/1314-1319/WZB/AHD/2010, dated 20-8-2010 have allowed the appeals with consequential relief to the appellant. Finally, by the impugned order, the refund of Rs. 4,53,255/- was sanctioned to the appellant. Hence, the department has taken the requisite action on time at the very initial stage of refund application filed by the appellant by admitting and transferring the refund amount to Consumer Welfare Fund. The department did not keep the refund amount pending with itself. The refund amount was credited to the Consumer Welfa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion for refund. In that case, having noted that application by the assessee requesting for refund, was filed before the Assistant Commissioner on 12th January, 2004, the Court directed payment of Statutory interest under the said Section from 12th April, 2004 i.e. after the expiry of a period of three months from the date of receipt of the application. Thus, the said decision is of no avail to the revenue. 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 interest under Section 11BB of the Act commences from the date of expiry of three months from the date of receipt of application for refund under Section 11B(1) of the Act and not on the expiry of the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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