9911796707
TMI Blog2023 (12) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... s of DGCEI, it was noticed that the appellants have not paid service tax to the tune of Rs.75,95,723/-; a show-cause notice was issued and was confirmed by the Commissioner of Central Excise, Chandigarh-II vide Order dated 20.01.2016; on an appeal filed by the appellants, this Bench vide Final Order No.61106-61107/2019 dated 29.11.2019, allowed the appeal of the appellants; accordingly, the appellants have applied for refund of Rs.25 Lakhs which was deposited by them during the investigation; Assistant Commissioner of Central Excise vide Order dated 08.01.2020 has sanctioned the refund; aggrieved by the Order of the Assistant Commissioner in non-granting the interest on the refund, the appellants preferred an appeal before the Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Per Annum. (c) It has been held by the Hon'ble Apex Court in the case of Willowood Chemicals Private Limited - 2022 (60) GSTL 3 (SC); in Gujarat Fluoro Chemicals - 2017 (51) STR 236 (SC) and in VKC Foosteps (India) Private Limited - Civil Appeal No.290 of 2023, that once there are statutory provisions, no authority can grant interest beyond the statutory provisions. (d) CESTAT, being a creature of statute, cannot traverse beyond the provisions in the Statute as held in Veer Overseas - 2015 (18) GSTL 59 (Tr. LB); Bochasanwasi Shri Aksharpurushottam Swaminarayan Sanstha - 2022 (380) ELT 82 (Tri. Ahmd.); Kali Aerated Water Works - 2023 (383) ELT 413 (Mad.); Ajay Exports - 2016 (335) ELT 150 (Tri. Mumbai) and Maa Mahamaya Industries Ltd. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the appellants, is distinguishable on the facts that in the case of Sandvik Asia, the refund was granted inordinately in a delayed manner i.e. after 20 years. 6. I find that Hon'ble Apex Court in the case of Cosmo Films Limited (supra) has made it clear as follows: "72. This Court recollects its recent decision, on the question of entitlement to refund, under the old tax regime, which was subsumed and resulted in some businesses being affected. Negativing the challenge to constitutionality of the provisions of GST, it was held, in Union of India (UOI) &Ors. v. VKC Footsteps India Pvt. Ltd. [2021 (15) SCR 169 = 2021 (52) G.S.T.L. 513 (S.C.)] that : "A claim to refund is governed by statute. There is no constitutional entitlement to se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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