2013 (7) TMI 743 - AT - Service Tax

Interest on delayed refund claim - First appellate authority held appellant not eligible for interest - Held that - Following previous decision in assessee s case in NIRMA LTD. Versus COMMISSIONER OF CENTRAL EXCISE, AHMEDABAD 2011 (3) TMI 1257 - CESTAT, AHMEDABAD - Decided in favour of Assessee.

Summary

Issues:
Interest on delayed refund claim under Notification No.17/2009-ST.

Analysis:
The appeal was filed against Order-in-Appeal No. 10/2012(STC)/ K. Anpazhakan/Commr.(A)/Ahd, dt.13.01.2012. The appellant, a merchant exporter, sought a refund claim under Notification No.17/2009-ST, which was initially sanctioned by the adjudicating authority. However, the interest applicable on the delayed refund was not paid due to the delay in sanctioning. The first appellate authority rejected the appeal on the grounds of interest not being payable to the appellant. The appellant, aggrieved by this decision, approached the Tribunal for redressal.

The appellant's counsel argued that the issue at hand was similar to a previous decision by the Tribunal in the appellant's own case, as reported in 2011 (23) STR 478 (Tri-Ahmd), which was also followed by the Bench in a subsequent Final Order. It was highlighted that the departmental authorities were now granting interest in cases of delay, further supporting the appellant's claim for interest on the delayed refund.

On the other hand, the Additional Commissioner (A.R.) contended that the specific notification under which the refund was claimed did not necessitate following the provisions of Section 11B of the Central Excise Act, 1944. Therefore, the argument was made that since the notification did not explicitly provide for interest on delayed refunds, the appellant was not entitled to interest. References were made to previous cases like Amee Castor & Derivatives Ltd 2010 (17) STR 582 (Tri-Ahmd) and Aaryan Mines & Minerals Corpn. 2013 (30) STR 78 (Tri-Ahmd) to support this stance.

Upon reviewing the submissions and records, the Tribunal, represented by Mr. M.V. Ravindran, found that the issue in question revolved solely around the payment of interest on the delayed refund claim under Notification No.17/2009-ST. Referring to a previous Final Order concerning the same assessee and issue, the Tribunal upheld the decision made earlier, based on the Tribunal's ruling in the appellant's own case as reported at 2011 (23) STR 478 (Tri-Ahmd). It was emphasized that the issue at hand was identical to the previous case, providing no reason to deviate from the established view.

The Tribunal also addressed the case laws cited by the Additional Commissioner (A.R.), noting that in the appellant's own case, there were two Tribunal decisions supporting the precedence of the Tribunal's decision in the appellant's favor. Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief granted to the appellant.

This detailed analysis of the judgment covers the issues involved comprehensively, highlighting the arguments presented by both sides and the Tribunal's reasoning leading to the final decision.