2009 (9) TMI 784 - AT - Central Excise

Summary

Issues:
Interest payment on delayed refund claim.

Analysis:
The case involved an appeal against an order regarding the payment of interest on a delayed refund claim. The appellant, a biscuit manufacturer, had filed refund claims after the finalization of provisional assessments. The Tribunal had earlier directed the authorities to refund the excess duty paid by the appellants. However, the issue in this appeal was the payment of interest on the delayed refund. The appellant argued that interest should be paid from the date of the application, while the JCDR contended that interest was correctly granted as per the law.

Upon considering the submissions, the Tribunal noted that the Revenue had filed an appeal in a similar case, arguing that interest is payable only after three months from the date of the Tribunal's final order. The Tribunal had previously rejected this contention. In the current appeal, the appellant sought interest from the date of the refund claim filing, which was contrary to the law established in previous cases like Rama Vision Limited v. CCE, Meerut and Jayantha Glass Ltd. v. CCE, Kolkata.

The Tribunal upheld the decision of the learned Commissioner (Appeals) that the appellant is entitled to interest on the delayed refund only after three months from the date of the refund application. The Tribunal found no error in the Commissioner's order and rejected the appeal filed by the appellant. The judgment clarified the timeline for the payment of interest on delayed refund claims, aligning with the legal precedents set by earlier cases and the provisions of the law.