TMI Blog2024 (3) TMI 1108X X X X Extracts X X X X X X X X Extracts X X X X ..... eme Court impugning the order of the Tribunal as well as the order in appeal passed by this Court holding petitioner entitled to refund of the CENVAT Credit, it would be open to the Revenue to seek interim orders of protection from the Supreme Court. The Revenue cannot after being unsuccessful before this Court, on its own, declare the refund of the CENVAT Credit as well as interest on delayed payment to be erroneous refund. Unless the Revenue is successful before the Supreme Court or the Supreme Court so warrants, there is no question of any refund of the CENVAT Credit or refund of the interest paid to the petitioner. The impugned Show Cause Notice cannot be sustained. The same is accordingly quashed. - HON BLE MR. JUSTICE SANJEEV SACHDE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax Appellate [ CESTAT ] Tribunal and by a final order dated 07.12.2022, the Tribunal held that the refund claim of the petitioner could not have been rejected by the Commissioner (Appeals). 6. Thereafter, the respondents filed an appeal before the High Court being SERTA-7/2023, which was dismissed on 12.07.2023 holding that no substantial question of law arises. Thereafter, petitioner filed a Writ Petition before this Court being W.P. (C) No. 9364/2023 seeking grant of interest on the delayed refund. Said petition was allowed by order dated 03.08.2023, directing the Revenue to process the petitioner s claim for interest under Section 11-BB of the Excise Act read with Section 83 of the Finance Act. Thereafter, the interest on the delayed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eas, it appears that since the department has preferred SLP against the Hon'ble High Court Judgment dated 12.07.2023, the amount disbursed as interest on delayed payment amounting to Rs. 4,69,83,731/- is also liable to be recovered from the taxpayer along with interest applicable. 11. Before us, it is stated that the Show Cause Notice erroneously records that a Special Leave Petition has been filed. We are informed that the Revenue has already processed the file for filing a Special Leave Petition. However, Special Leave Petition is still to be filed in the Registry of the Supreme Court. 12. Be that as it may, it is not in dispute that petitioner has been refunded the said amount after the petitioner was found eligible by the Tribunal f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
