TMI Blog2004 (11) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... t on the refund of the pre-deposit amount. 2. The Commissioner (Appeals) has allowed the interest by following an earlier order dated 22-1-2002 passed by another Commissioner (Appeals) in another case and which, according to him, was also affirmed by the Tribunal vide Final Order, dated 7-11-2002. 3. I have heard both sides and gone through the record. The facts are not much in dispute. The re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as such the same has been rightly allowed to them. But, I am unable to subscribe to this contention of the learned Counsel. The bare perusal of the provisions of Section 11BB which relates to the interest on the delayed refund, it is quite evident that the interest can be claimed only if the amount has not been refunded to an assessee within three months from the date of filing of the application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refund of the pre-deposited amount to the respondents nor gave any specific direction. Therefore, the respondents did not become entitled to the interest from the date of passing of the order of the Tribunal. They applied for the refund to the Department only on 21-5-2001 and the Department has refunded the amount within three months from that date. Therefore, the view taken up by the Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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