2020 (12) TMI 147 - AT - Central Excise

Interest on delayed refund of pre-deposit - demand of interest from the date of deposit till its realization - HELD THAT - As the issue has been decided by this Tribunal in M/s Modern Dairies Ltd 2020 (12) TMI 122 - CESTAT CHANDIGARH that the assessee is entitled to claim interest on refund of the amount of pre-deposit in terms of the Section 35F of the Central Excise Act, 1944, after three months from the date of communication of the order of the appellate authority till its realization. Admittedly, in the case in hand, the refund claim was sanctioned on 04.11.2019, whereas the order of this Tribunal was passed on 05.09.2019; therefore, no interest is payable to the appellant. Appeal dismissed.

Summary

Issues Involved:
1. Entitlement to interest on delayed refund.
2. Applicable date for calculating interest on delayed refund.

Issue-wise Detailed Analysis:

1. Entitlement to Interest on Delayed Refund:
The appellant contested the rejection of interest on a delayed refund by the lower authorities. The core issue was whether the appellant was entitled to claim interest on the delayed refund of a pre-deposit made under Section 35F of the Central Excise Act, 1944. The Tribunal referenced a similar case, "M/s Modern Dairies Ltd," where it was established that the appellant is entitled to claim interest on delayed refunds after three months from the date of the order of the appellate authority, as per Section 35FF of the Central Excise Act, 1944. This section mandates that if the refund is not processed within three months from the communication of the appellate order, interest at the rate specified in Section 11BB shall be paid. The Tribunal reiterated that the appellant is entitled to interest on delayed refunds as per the statutory provisions.

2. Applicable Date for Calculating Interest on Delayed Refund:
The Tribunal had to determine the specific date from which the interest on the delayed refund should be calculated. The appellant argued for interest from the date of the pre-deposit till its realization. However, the Tribunal clarified that the interest should be calculated from three months after the date of the order of the appellate authority. In this case, the Tribunal's order was passed on 05.09.2019, and the refund was sanctioned on 04.11.2019. The Tribunal concluded that no interest was payable as the refund was processed within the stipulated three-month period post the Tribunal's order.

Conclusion:
The Tribunal held that the appellant is entitled to a refund of the pre-deposit amount but not to any interest on the delayed refund. The appeal was dismissed as it lacked merit, given that the refund was processed within the prescribed period from the date of the appellate order. The judgment emphasized adherence to statutory provisions under Section 35FF and the timelines for processing refunds to determine interest eligibility.