TMI Blog2023 (2) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest after expiry of three months from the date of refund application - In the present case, the refund application was admittedly filed on 13.06.2011 and it is this case which was under litigation up to the tribunal and subsequently, the appellant succeeded in this refund case only. In this case, the refund application was filed on 13.06.2011 shall be treated as refund application as mentioned under Section 11BB. The appellant stand entitled for the refund right from the date of application i.e. 13.06.2011 accordingly, the appellant is legally entitled for the interest after the expiry of three months from the date of refund application i.e. 13.06.2011 - The judgment of Hon ble Supreme Court in the case of RANBAXY LABORATORIES LTD. V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /12474/2021 dated 07.10.2021 on the very refund matter allowed the appeal accordingly, the refund was sanctioned which was filed way back on 13.06.2011. He submits that it is settled law that the interest shall be payable after three months from the date of filing of refund application. Therefore for the appellant is legally entitled for the interest after expiry of three months from the date of filing refund claim which in the present case is 13.06.2011. He placed reliance on the following judgments:- M/s. Ranbaxy Laboratory Ltd.- 2011 (273) ELT 3 (S.C.) Manish Pharmo Plast Pvt. Ltd.- 2020 (374) ELT 145 (S.C.) Harmdard (WAQF) Laboratories- 2013 (333) ELT 193 (S.C.) Tata Chemicals Ltd.- 2016 (334) ELT 133 (Tri.-Ahmd.) Tata ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in misinterpreting the overall provision and clarification of board circular. The provision of Section 11BB is very clear, according to which the claimant shall be entitled for the interest after expiry of three months from the date of refund application. In the present case, the refund application was admittedly filed on 13.06.2011 and it is this case which was under litigation up to the tribunal and subsequently, the appellant succeeded in this refund case only. In this case, the refund application was filed on 13.06.2011 shall be treated as refund application as mentioned under Section 11BB. 4.1 As per the tribunal order, the appellant stand entitled for the refund right from the date of application i.e. 13.06.2011 accordingly, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 that interest under the said Section becomes payable on the expiry of a period of three months from the date of receipt of the application under sub-section (1) of Section 11B of the Act and that the said Explanation does not have any bearing or connection with the date from which interest under Section 11BB of the Act becomes payable. From the plain reading of the above observation of the Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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