TMI Blog2002 (9) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... interest on delayed refunds. 2. The facts of the case briefly stated are that the applicant filed three refund claims due to exports under Bond as per Notification No. 85/87 dated 1-3-87. The refund claims were allowed. 3. The applicants promptly prepared a work sheet giving details of refund of duty and interest due from the date of expiry of three months from the date of receipt of refund ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, the same may be ordered to be paid to the applicant. 5. Shri Mewa Singh, Ld. DR submits that the impugned order which allowed all the three appeals did not make a mention of payment of interest on the amount of the refund. He submits that it is not a plain case of refund of duty paid which was to be refunded but of the Modvat credit. He submits that since it was not a refund of duty, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e amount already paid". 7. We note that Modvat credit rules were framed by the Central Govt. not in pursuance of Section 11A but under provisions of Section 37B and, therefore, payment of interest does not become due as the refund of duty was not in terms of Section 11A of Central Excise Act, 1944. We further note that the Hon'ble Supreme Court in the case of CCE, Jaipur v Raghuvar India Ltd. re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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