2018 (5) TMI 1352 - AT - Central Excise

Entitlement of interest - relevant date - interest for the intervening period i.e after 3 months from the application of filing the refund claim till its realization - Held that - the issue of payment of interest has been travelled upto the Hon ble Apex Court in the case of Ranbaxy Laboratories Ltd. 2011 (10) TMI 16 - SUPREME COURT OF INDIA , wherein the Hon ble Apex court has examined the issue and after reliance of various circulars issued by the Revenue hold that the assessees entitled to claim interest on delay refunds after three months from the date of filing the refund claim till its realization. Admittedly, in this case initially refund claim was filed by the appellant on 31.12.2007 and the same has been sanctioned on 11.08.2014. In that circumstances, the appellant is entitled to claim interest after three months from 31.12.2007 till 11.08.2014. Appeal allowed.

Summary

Issues:
- Entitlement to interest for the intervening period after filing a refund claim until realization under Section 11BB of the Central Excise Act, 1944.

Detailed Analysis:

1. Issue of Interest Entitlement:
The appellant appealed against an order where interest for the period after filing a refund claim until realization was not granted. The appellant filed a refund claim on 31.12.2007 after a favorable decision by the Ld. Commissioner (Appeal). The appellant contended that as per Section 11BB of the Central Excise Act, 1994, interest is claimable after three months from the date of filing the refund claim until realization. The Ld. Counsel cited the case of Ranbaxy Laboratories Ltd. Vs. Union of India and Kamakshi Tradexim (India) Pvt. Ltd. Vs. Union of India to support their claim for interest for the intervening period.

2. Opposing Views:
The Ld. AR opposed the claim, arguing that the appellant was not entitled to interest as the refund was sanctioned within three months of filing the claim after a Tribunal order dated 05.03.2014. The Ld. AR relied on the decision of the Larger Bench in the case of R.H.L. Profiles Vs. Commissioner of Central Excise, Kanpur, affirmed by the Hon’ble Allahabad High Court. The Ld. AR contended that the facts of the present case were different from the case cited by the appellant.

3. Decision and Rationale:
After considering the arguments, the Tribunal found that the appellant was indeed entitled to claim interest for the period after three months from the date of filing the refund claim until realization. The Tribunal distinguished the present case from the case of R.H.L. Profiles, emphasizing that the appellant was not claiming interest from the date of deposit but after the decision by the Ld. Commissioner (Appeal) until realization. Citing the case of Ranbaxy Laboratories Ltd., the Tribunal held that interest could be claimed on delayed refunds after three months from the date of filing the refund claim until realization. As the refund claim was filed on 31.12.2007 and sanctioned on 11.08.2014, the appellant was deemed entitled to claim interest for the intervening period.

4. Conclusion:
In conclusion, the Tribunal allowed the appeal, stating that the appellant was entitled to claim interest for the period after three months from the date of filing the refund claim until its realization. The decision was based on the provisions of Section 11BB of the Central Excise Act, 1944 and relevant judicial precedents supporting the appellant's claim for interest on delayed refunds.