2017 (3) TMI 770 - AT - Central Excise

Entitlement of interest - relevant dates - whether the Appellant s claim for interest from the date of pre-deposit of duty i.e. March/April, 2004 is admissible or as held by the learned Commissioner (Appeals) after expiry of three months from the date of filing refund claim as prescribed u/s 35F of CEA, 1944? - Held that - From bare perusal of the provisions of Section 35FF, it transpires that grant of interest is automatic, if the refund of pre-deposit is not refunded within three months from the date of communication of order - the Appellant is entitled for interest after the expiry of three months - appeal dismissed - decided against appellant.

Summary

Issues: Refund of pre-deposit duty amount, entitlement to interest, interpretation of Section 35FF of Central Excise Act, 1944.

Analysis:
The appeal in this case was filed against the order passed by the Commissioner (Appeals) regarding the refund of a pre-deposit of duty amounting to ?10,18,863 made under Section 35F of the Central Excise Act, 1944. The Tribunal had earlier decided in favor of the Appellants by setting aside the duty, interest, and penalty. Subsequently, the Appellants filed a refund claim, which was allowed without interest. The Appellants then appealed before the Commissioner (Appeals) seeking interest for a specific period. The main issue revolved around whether interest should be paid from the date of pre-deposit or after three months from the date of filing the refund claim as per Section 35FF of the Act.

The learned Authorized Representative for the Revenue argued that interest should be paid after three months from the date of filing the refund claim, as per Section 35FF of the Central Excise Act, 1944. The Commissioner (Appeals) had allowed interest for a specific period, and the Appellants contested this decision. The Commissioner (Appeals) held that interest becomes payable automatically if the refund is not issued within three months from the date of communication of the order. The Appellants claimed interest from the date of deposit, citing certain judgments, but the Commissioner (Appeals) found these cases inapplicable to the current scenario.

Upon reviewing the records and the Commissioner (Appeals) findings, it was observed that the Appellants' claim for interest from the date of pre-deposit was not in line with the provisions of Section 35FF. The Commissioner (Appeals) correctly interpreted the law, stating that interest becomes payable after three months from the date of communication of the order. The Commissioner (Appeals) also highlighted the necessity of filing a refund claim, even in cases of consequential refund, as per Section 11B of the Act. The Appellants' argument for interest from the date of deposit was refuted based on legal precedents and the specific circumstances of the case.

In conclusion, the Tribunal upheld the decision of the Commissioner (Appeals) as there was no discrepancy in the reasoning provided. The appeal was dismissed as it lacked merit, and the Appellants were not entitled to interest from the date of pre-deposit but rather after three months from the date of communication of the order, as per Section 35FF of the Central Excise Act, 1944.