TMI Blog2008 (7) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... ble – held that intention of legislature was to apply all provisions of Section 11B for the refund of Cenvat credit also - arguments of revenue that Section 11B and Section 11BB are not applicable for claim of interest for delayed refund of Cenvat credit amount, not acceptable - held that appellants are eligible for interest on delayed refund of Cenvat credit – appeal allowed - E/88-89, 334-340/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion (2) of Section 11B covers "refund of credit of duty paid on excisable goods used as inputs in accordance with the rules made or in notification issued under this act". According to him, this shows clearly that intention of legislature was to apply all provisions of Section 11B for the refund of Cenvat credit also. Further, he also cited several decisions in support of his arguments. The learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herein it was held that interest is payable by the department on refunded amount of input duty credited for the period of bill beyond 3 months prescribed under Section 11BB of CEA, 1944. This decision was rendered in respect of Rule 5 of Cenvat Credit Rules and this was upheld by Hon'ble High Court of Madras in case of CCE Salem v. Rajalakshmi Textile Processors (P) Ltd. - 2008 (221) E.L.T. 38 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d at no occasion discussed the essential pre-requisites of Section 11B while deciding that "Section 11BB automatically will come into force in case of belated refunds granted under Rule 5 of Cenvat Credit Rules, 2004." 4. I find that the decision cited by the learned advocate clearly applies to the present issue before me. The learned SDR also cited several decisions in support of his argument ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mers. I find that these judgments are not relevant to the issue before me and are of no help to the Revenue. 5. In view of the discussions above, I find that the appellants are eligible for interest on delayed refund of Cenvat credit as claimed by the appellant and accordingly, the appeals are allowed with consequential relief to the appellant. (Pronounced in Court) - - TaxTMI - TMITa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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