2017 (12) TMI 1249 - AT - Central Excise

Interest on delayed refund - case of appellant is that they are entitled to interest for the period starting from three months after the date of filing refund claim to the date of sanctioned of the said refund claim - Held that - in terms of Circular F. No.275/37/2000-CX dated 2-1-2002 which is applicable retrospectively the refund would have been due immediately after Commissioner(Appeals) set aside the demand in respect of which the said pre-deposit was sustainable i.e. on 6-5-1999. Appellant filed refund claim 4-9-2000 and are seeking interest from the period three months thereafter till the sanction of refund - appellant become entitled to refund immediately after the said demand was set aside by Commissioner(Appeals) - refund allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
Denial of interest on refund granted to Indian Oil Corporation Ltd.

Analysis:
The appeals were filed against the denial of interest on the refund granted to the appellant. The events leading to the appeals date back to 1997-98 when show cause notices were issued alleging duty demands. The appellant paid the entire duty amount as a pre-deposit on 30-3-1999. The Commissioner(Appeals) set aside the original order on 6-5-1999, making the duty amount refundable. A circular by CBEC clarified the policy regarding refund, stating that refund applications need not be insisted upon if certain conditions are met. The appellant filed a refund claim on 4-9-2000 and sought interest from three months after that date. The Tribunal had previously ordered the refund of the pre-deposit, which was not challenged by the Revenue. The appellant argued for interest based on this history and relevant legal interpretations.

The appellant contended that interest should be granted for the period starting from three months after the refund claim filing until the refund was sanctioned. The appellant cited a previous Tribunal order and a Supreme Court judgment to support their claim for interest on delayed refund. The A.R. relied on the impugned order and a High Court decision to argue against granting interest, stating that since the refund was promptly granted after the duty demand was set aside, no interest was due.

The Tribunal analyzed the events and legal interpretations. It noted that the circular by CBEC clarified the refund policy based on previous court judgments, making it applicable retrospectively. The Tribunal found that the appellant became entitled to a refund immediately after the demand was set aside by the Commissioner(Appeals) on 6-5-1999. The subsequent confirmation of duty and adjustment of the pre-deposit did not affect the eligibility for a refund. The Tribunal referred to its previous order, which had set aside the rejection of the refund claim, and concluded that interest should be granted based on the appellant's entitlement to the refund. Therefore, the appeals were allowed, and interest was deemed appropriate.

In conclusion, the Tribunal found merit in the appellant's argument and allowed the appeals, granting interest on the delayed refund. The judgment was pronounced on 30/11/17.