9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (2) TMI 476 - AT - Central ExciseRectification of mistake - interest on delayed refund - Since refund claim was sanctioned by the Commissioner (Appeals) vide his order dated 29-10-1999, which was not challenged by the department and the same has attained finality - Thereafter not giving refund within three months by the department, the appellants are entitled to claim interest after three months after 26-5-1995 - If the Revenue was aggrieved really to sanctioning of the refund claim, they would have been preferred an appeal against the order of the Commissioner (Appeals) sanctioning the refund claim-dated 29-10-1999, which Revenue has failed to do so - Hence, in the circumstances of the case, the appellants are entitled for interest on the refund claim w.e.f. the date of expiry of three months after 26-5-1999 - Thus, the appellants are entitled for the interest after expiry of three months from 26-5-1995 - Decided in favour of assessee.
Issues: Rectification of mistake in the order regarding the date of entitlement of interest on refund.
Paragraph 1: The applicant filed an application for rectification of mistake in the Tribunal's order dated 4-8-2010, which incorrectly stated the date from which the applicants were entitled to interest on refund as 29-10-1999. Paragraph 2: The applicant argued that the correct date of entitlement for interest on refund should be 26th May 1995, as discussed in a preceding paragraph of the order. Paragraph 3: The judge considered the applicant's contention and found the mistake to be apparent on record. The order was modified to reflect the correct date of entitlement for interest on refund as three months after 26-5-1995. The judge emphasized that the Revenue's failure to challenge the refund claim sanctioned by the Commissioner (Appeals) on 29-10-1999 meant that the appellants were entitled to interest on the refund claim. The judge cited relevant case laws to support the appellants' case. Paragraph 4: The application for rectification of mistake was allowed, and the order dated 4-8-2010 was modified accordingly to reflect the correct date of entitlement for interest on refund.
|
