2009 (8) TMI 966 - SCH - Central Excise

Interest on belated payment of interest - relevant date - Held that - The non-payment of refund to the applicant claimant within three months from the date of such application or in the case governed by proviso to Section 11BB, non-payment within three months from the date of the commencement of Section 11BB brings in the starting point of liability to pay interest, notwithstanding the date on which decision has been rendered by the competent authority as to whether the amount is to be transferred to Welfare Fund or to be paid to the applicant needs no interference. SLP dismissed.

Summary

The Supreme Court dismissed the special leave petition, citing the law laid down by the Rajasthan High Court regarding the payment of interest on belated refunds under Section 11BB. The relevant date for determining the liability to pay interest is the date of the application claiming the refund, not the date of the decision on the refund transfer. No costs were awarded.