2018 (1) TMI 96 - AT - Central Excise

Interest on delayed refund - Section 11BB of Central Excise Act, 1944 - Held that - the Learned Commissioner (Appeals) has erred in treating 10/06/2016 as the date of filing of refund application - ₹ 8,25,000/- was refunded on 30/09/2016 which was deposited under TR-6 challan on 04/05/2007 and application for refund of the same was filed on 09/10/2007 and refund of the same was sanctioned on 26/12/2007 but actually refunded on 30/09/2016 - under the provisions of Section 11BB of Central Excise Act, 1944 the appellant is entitled for interest from 09/01/2008 to 30/09/2016. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Refund of pre-deposited amount.
2. Calculation of interest on refund amount.

Analysis:
Issue 1: Refund of pre-deposited amount
The appellant had pre-deposited an amount of ?50 lakhs, and the appeal related to this amount was finalized through a Tribunal order. Subsequently, the appellant applied for a refund of the pre-deposited amount. The refund application was received by the Assistant Commissioner, and after various proceedings, a partial refund of ?18,85,930/- was made through a cheque, while the remaining amount was recovered under the Central Excise Act. Another refund application was later submitted by the appellant, seeking a refund of ?8,25,000/-, which was part of the amount recovered earlier. The Original Authority allowed this refund, and the appellant appealed against the decision, seeking interest on the refunded amount from the date of recovery to the date of refund.

Issue 2: Calculation of interest on refund amount
The appellant contended that the refund amount of ?8,25,000/- was part of the initial pre-deposited amount and was ultimately refunded after a significant period. The appellant argued that as per the Central Excise Act, interest should be paid from the date of the refund application. The Commissioner (Appeals) had ordered interest from a different date, leading to the appellant's appeal before the Tribunal. After considering the arguments and records, the Tribunal found that the Commissioner had erred in determining the date of the refund application. The Tribunal concluded that the appellant was entitled to interest from the date of the refund application to the actual refund date, as per the provisions of the Central Excise Act. Therefore, the Tribunal modified the Order-in-Appeal to allow interest on the refunded amount from the correct date.

In conclusion, the Tribunal allowed the appeal, modifying the Order-in-Appeal to grant interest on the refund amount from the correct date as per the Central Excise Act. The appellant was deemed entitled to interest from the date of the refund application to the date of actual refund, in accordance with the provisions of the law.