TMI Blog2018 (2) TMI 620X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the refund application - appeal allowed - decided in favor of appellant. - E/13538/2014-SM - A/13699/2017 - Dated:- 27-11-2017 - Dr. D.M. Misra, Member (Judicial) For Appellant: Mr. H.P. Kanade (Advocate) For Respondent: Mrs. Nitina Nagori (A.R.) ORDER Per: Dr. D.M. Misra Heard both the sides. 2. This is an appeal filed against order-in-appeal No.VAP-EXCUS-000-APP-170-14-15 passed by the Commissioner (Appeals) Daman. 3. Briefly stated facts of the case are that the appellant had paid excess amount of duty during the period 10.08.1998 to 31.10.1998 as the goods were directed to be assessed under MRP based assessment under Section 4A, whereas the assessment was claimed by the appellant on the transac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ree months from the date of the refund claim filed on 18.01.1999. In support, he has referred to the judgment of the Hon ble Supreme Court in Ranbaxy Laboratories Ltd. Vs UOI 2011(273) E.L.T. 3(S.C.) and UOI Vs Hamdard (Waqf) Laboratories 2016 (333) E.L.T. 193(S.C.). 4. Per Contra, Ld. AR for the Revenue on the other hand submitted that against the order of the High Court dated 24.03.2011, the department has preferred an SLP before the Apex Court, therefore, interest on the refunded amount is liable to be rejected. However, she has fairly accepted that no stay has been granted by the Hon ble Supreme Court. 5. I find that the issue is squarely covered by the judgment of the Hon ble Supreme Court in Ranbaxy Laboratories Ltd. s cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise but by an Appellate Authority or the Court, then for the purpose of this Section the order made by such higher Appellate Authority or by the Court shall be deemed to be an order made under sub-section (2) of Section 11B of the Act. It is clear that the Explanation has nothing to do with the postponement of the date from which interest becomes payable under Section 11BB of the Act. Manifestly, interest under Section 11BB of the Act becomes payable, if on an expiry of a period of three months from the date of receipt of the application for refund, the amount claimed is still not refunded. Thus, the only interpretation of Section 11BB that can be arrived at is t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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