2013 (5) TMI 755 - AT - Service Tax

Interest on Refund - initially the amount was credit to Consumer Welfare Fund later cash refund was allowed - held that - It is undisputed that the refund sanctioned by the first appellate authority has attained finality as Revenue is not challenging such a refund order. On being served upon such an order, the Revenue Authorities took their own time to grant the refund to the appellant. - the appellant s contention is correct as regards, claim of interest from 01.04.09 to 31.10.11 as Hon ble Supreme Court in the case of Ranbaxy Laboratories Ltd. (2011 (10) TMI 16 - Supreme Court of India) in paragraph No.15 settled the law - interest on refund allowed. - decided in favor of assessee.

Summary

Issues:
- Refund of excess Service Tax
- Crediting refund to Consumer Welfare Fund
- Appeal against order of Assistant Commissioner
- Appeal before Commissioner (Appeals)
- Request for refund with interest
- Appeal for interest before first appellate authority
- Eligibility for interest from specific period
- Applicability of Supreme Court judgment on interest liability
- Tribunal's decision on interest claim

Refund of Excess Service Tax:
The appellant filed a refund application seeking the refund of excess Service Tax paid. The Assistant Commissioner initially sanctioned the refund but ordered it to be credited to the Consumer Welfare Fund. The Commissioner (Appeals) later allowed the appeal, setting aside the order to credit the refund to the fund. The appellant then requested the refund along with interest, which was partially granted by the adjudicating authority.

Interest Claim Dispute:
The appellant sought interest for the period from 01.04.09 to 31.10.11. The first appellate authority allowed interest for a specific period but rejected the claim for the entire duration. The Tribunal deliberated on the issue of the appellant's eligibility for interest during the mentioned period based on the Supreme Court's judgment in the case of Ranbaxy Laboratories Ltd.

Applicability of Supreme Court Judgment:
The Tribunal analyzed the Supreme Court's ruling in the Ranbaxy Laboratories Ltd. case, emphasizing that interest liability under Section 11BB of the Act commences from the date of the expiry of three months from the receipt of the refund application. The Tribunal found in favor of the appellant, citing the settled law from the Supreme Court's decision.

Tribunal's Decision:
After considering the arguments from both sides and reviewing the records, the Tribunal concluded that the appellant was eligible for interest from 01.04.09 to 31.10.11 based on the Supreme Court's ruling. Consequently, the Tribunal set aside the impugned order that rejected the interest claim and allowed the appeal in favor of the appellant.