TMI Blog2021 (3) TMI 1195X X X X Extracts X X X X X X X X Extracts X X X X ..... f such sanction. So, there was no issue made out while sanctioning the refunds; the interest on the said refund which is a consequence of the refund, cannot be denied on flimsy grounds. This aspect when considered in the light of the dictum of the Hon ble Supreme Court in Ranbaxy Laboratories Ltd. [ 2011 (10) TMI 16 - SUPREME COURT ], leaves no room for any doubt as to the eligibility of the claimant, especially when the refund is sanctioned. Thus appellant is entitled to interest - cases remanded to the file of the Asst. Commissioner/sanctioning authority to workout appropriate interest and sanction the same to the appellant without any further delay, within a period of 3 months of receipt of this order at the concerned Commissionerate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ST/40848/2018 330 Dt.30.11.17 July15 to Sep15 11.03.2016 24.01.2017 3 ST/40849/2018 331 Dt.30.11.17 Apr15 to Jun 15 11.03.2016 24.01.2017 4 ST/40850/2018 332 Dt.30.11.17 July14 to Sep14 04.03.2015 24.01.2017 5 ST/40851/2018 334 Dt.30.11.17 Oct14 to Dec14 26.11.2015 24.01.2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. The Explanation appearing below Proviso to Section 11BB introduces a deeming fiction that where the order for refund of duty is not made by the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efund/rebate claims. Whereas all necessary action should be taken to ensure that no interest liability is attracted, should the liability arise, the legal provision for the payment of interest should be scrupulously followed Finally, Hon ble Supreme Court has concluded that the liability of the Revenue to pay interest under Section 11 BB ibid commences from the date of expiry of three months from the date of receipt of application for refund under Section 11 B (1) of the Act. 5. The refund in the case on hand was sanctioned by the sanctioning authority after considering the facts and documents available as on the date of such sanction. So, there was no issue made out while sanctioning the refunds; the interest on the said refund w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
