TMI Blog2021 (5) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... cation. In terms of the decision of the Hon ble Apex Court in the case of RANBAXY LABORATORIES LTD. VERSUS UNION OF INDIA AND ORS. [ 2011 (10) TMI 16 - SUPREME COURT] , wherein the Apex Court has held that if the assessee filed the refund claim is entitled to claim the interest on delayed refund after three months from the date of filing of the refund claim although there is a litigation in the matter. In the present case, it is apparent on record that the said refund was sanctioned but was adjusted against the demand which was not sustained - the appellant is entitled to claim interest after three months from the date of filing of the refund claim i.e., after 3 months of date of filing the refund claim i.e., 14.09.2005 till its real ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2008 dismissed the appeal filed by the Revenue with the direction that the predeposit made by the appellant shall not be refunded to the appellant till the decision of the adjudicating authority in the matter. Thereafter, the Revenue again filed a review petition and the same was also dismissed. Thereafter, on 17.10.2008 a demand of ₹ 26,46,491/- was confirmed against the appellant in remand proceedings and on 31.10.2008, the refund claim was sanctioned and the same was appropriated against the said demand. The said order of demand of duty was also set aside by this Tribunal vide its order dt. 30.08.2018 and an application for rectification of mistake filed by the appellant was also dismissed by this Tribunal on 22.02.2019. Thereafter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im although there is a litigation in the matter. At this stage, the ld. AR submitted that if the appellant is entitled to claim interest, then the appellant is entitled to claim interest after three months from 14.09.2005 till 31.10.2008, as on the said date, the refund claim has been sanctioned. I find that it is apparent on record that the said refund was sanctioned but was adjusted against the demand which was not sustained. In that circumstance, I hold that the contention of the ld. AR is not acceptable. Therefore, in the light of the decision of the Hon ble Apex Court in the case of Ranbaxy Laboratories Limited (supra), I hold that the appellant is entitled to claim interest after three months from the date of filing of the refund clai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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