2010 (9) TMI 686 - HC - Central Excise

Interest on refund - refund under Section 11B(2) of the Central Excise Act - Held that - the appellant/assessee is not entitled for interest immediately after expiry of three months from the payment of duty till the date of refund. The payment of interest has to be made in accordance with Section 11BB of the Central Excise Act, 1944 from the date immediately after the expiry of three months from the date of application for such interest till the date of refund.

Summary

Issues:
1. Excess excise duty payment by the appellant company for the assessment year 1999-2000.
2. Refund applications filed by the appellant for the excess duty paid.
3. Grant of interest on the refunded amount by the Assistant Commissioner.
4. Appeal against the order of the Commissioner of Appeals regarding interest.
5. Interpretation of entitlement to interest under Section 11BB of the Central Excise Act.
6. Application of legal precedent regarding the payment of interest on refund claims.

Analysis:
1. The appellant company paid excess excise duty for the assessment year 1999-2000 due to the non-finalization of prices by oil companies for LPG cylinders. The appellant undertook to pay the differential duty on final price determination to claim a refund of the excess duty paid. The Assistant Commissioner rejected the refund claims of the appellant, leading to subsequent appeals and orders for refund by the Commissioner of Appeals, Central Excise, Hyderabad.

2. The appellant filed refund applications under Section 11B of the Central Excise Act, 1944, for the excess duty paid. The Commissioner of Appeals directed the refund of the excess duty but did not grant interest on the refunded amount. Subsequent appeals were made by the appellant for the grant of interest, leading to further orders by the Assistant Commissioner and the Commissioner of Appeals.

3. The issue of interest on the refunded amount was contested, with the appellant claiming entitlement to interest from the date of payment till the date of refund. The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) held that interest should be paid only in accordance with Section 11BB of the Central Excise Act, from the date immediately after the expiry of three months from the application for refund till the date of refund.

4. The questions of law raised in the appeals included the correct interpretation of the appellant's entitlement to interest under Section 11BB of the Central Excise Act. The Tribunal considered whether interest should be granted from the date of payment till the date of refund, especially when the duty was paid under protest due to price uncertainties.

5. The Tribunal's decision aligned with legal precedent, citing the Supreme Court's ruling in Union of India v. Shreeji Colour Chem Industries. The judgment emphasized that interest on refunds should be paid in accordance with Section 11BB of the Act, starting from the date immediately after the expiry of three months from the application for interest till the refund date.

6. Ultimately, the appeals were dismissed as the Tribunal's decision was in line with the legal principles established by the Supreme Court. The appellant's claim for interest from the date of payment till the refund date was denied, and the payment of interest was deemed to be governed by Section 11BB of the Central Excise Act.