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2016 (3) TMI 1045 - AT - Central ExciseInterest on refund - refund claim sanction - Held that:- The refund claim was filed on 17.12.2005 and the same was sanctioned within three months from the date of filing the refund claim and, therefore, as per Section 11BB, the assessee is not entitled to claim interest from the date when the alleged amount was deposited during investigation. As decided in Union of India & Others Versus M/s Hamdard (Waqf) Laboratories [2016 (3) TMI 68 - SUPREME COURT ] interest under Section 11BB of the Act becomes payable, if on an expiry of a period of three months from the date of receipt of the application for refund, the amount claimed is still not refunded. Thus, the only interpretation of Section 11BB that can be arrived at is that interest under the said Section becomes payable on the expiry of a period of three months from the date of receipt of the application under Sub-section (1) of Section 11B of the Act and that the said Explanation does not have any bearing or connection with the date from which interest under Section 11BB of the Act becomes payable - Decided against assessee
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