2013 (1) TMI 116 - AT - Service Tax

Interest on refund claim rejected - Held that - As decided in Swaraj Mazda Ltd. 2008 (7) TMI 420 - HIGH COURT OF JUDICATURE AT BOMBAY unless a finding is recorded that an application that was filed by the Petitioner under Section 11B of the Central Excise Act 1944 cannot be termed as an application made under Section 11B, liability to pay interest after expiry of a period of three months from the date of receipt of that application cannot be denied. In the present case the Respondent has not recorded any finding within a period of three months from the date of receipt of the Application dated 11th September, 2004, that the Application cannot be termed as an application under Section 27 of the Customs Act, 1962. Therefore, the liability to pay interest to the Petitioner after expiry of a period of three months from the date of receipt of the Application dated 11th September, 2004 cannot be denied.

Issues:
1. Rejection of interest claim on refund by lower authorities.
2. Application of Section 11BB of CEA 1944 for interest payment.
3. Compliance with refund claim requirements.
4. Applicability of previous court judgments on interest payment.
5. Identical provisions in Customs Act and Central Excise Act.
6. Payment of interest on refund claims settled law.
7. Dismissal of special leave petition by the apex court.

Analysis:

1. The appellant filed a refund claim in 1994 and 1995, which was rejected by lower authorities. The matter was litigated and decided by the Tribunal in 2007 regarding the interest payable to the appellant. The adjudicating authority sanctioned the refund in 2008 but did not pay interest, citing the refund being consequent to a higher judicial forum's decision within three months.

2. The first appellate authority rejected the interest claim, stating that the refund claim was rejected initially due to lack of evidence, and the appellant submitted the required evidence only later. However, the judge found this reasoning not in line with settled law, citing the judgment of the Hon'ble High Court of Bombay in previous cases, emphasizing that subsequent requirements fulfilled by the assessee cannot be held against them for rejecting the interest claim.

3. The judge highlighted the provisions of Sections 27 and 27-A of the Customs Act, 1962, and Sections 11B and 11BB of the Central Excise Act, 1944, as identical. Referring to previous court decisions, it was emphasized that unless a finding is recorded that an application cannot be termed as one under the relevant section, the liability to pay interest after three months from the application date cannot be denied.

4. The issue of payment of interest on refund claims was established law, with the Revenue's appeal against a High Court judgment being dismissed by the apex court. The judge concluded that the appellant was eligible for interest on refunds after three months from the claim filing date and set aside the impugned order, disposing of the appeal accordingly.

5. The judgment provides a comprehensive analysis of the issues related to the rejection of interest claim on refunds, the application of relevant legal provisions, compliance with refund claim requirements, and the impact of previous court judgments on interest payment. It clarifies the settled law regarding the payment of interest on refund claims and emphasizes the appellant's eligibility for interest as per statutory provisions and judicial precedents.

← Previous Next →