2006 (10) TMI 268 - AT - Central Excise

Summary

Issues involved: Department's appeal against modification of refund order by Commissioner (Appeals) regarding interest payment on refund claim.

Summary:

Issue 1: Refund claim rejection and appeal process
The respondent filed a refund claim for Rs. 48,913 on 10-9-1997. The Assistant Commissioner rejected the claim on 28-10-1999 after issuing a show cause notice. On appeal, the Commissioner (Appeals) held in favor of the party on 22-12-2003. The Assistant Commissioner later sanctioned the refund on 06-5-2004 under Section 11B and allowed credit in cenvat.

Issue 2: Interest payment on refund
The main issue in this case was the interest payable on the refund claim filed in 1997. Section 11BB mandates payment of interest if the refund is not made within three months of the refund application. The Commissioner (Appeals) ordered interest payment from the expiry of three months from the date of receipt of the refund application, which was on 10-9-1997. The order of the Commissioner (Appeals) sanctioning the refund is considered as an order under Section 11B, replacing the earlier rejection by the Assistant Commissioner. Therefore, interest should be paid from the specified date.

Issue 3: Legal interpretation and decision
The Tribunal clarified that the interest on the refund should be determined from the date specified by the Commissioner (Appeals) and until the actual payment date. The decision emphasized that the Commissioner (Appeals) order was based on the original refund application and did not involve new issues requiring a fresh application. Consequently, the order granting interest from the specified date was deemed legal and upheld. The appeal by the Department was dismissed, affirming the Commissioner (Appeals) decision.

This judgment highlights the importance of timely interest payment on refund claims and the legal implications of Commissioner (Appeals) orders in such cases.