2021 (12) TMI 735 - AT - Service Tax

Entitlement for interest on refund - refund of interest rejected on the ground that the required co-relation of FIRCs was not furnished before the original authorities - Section 11BB of the Central Excise Act, 1944 - HELD THAT -The interest under Section 11BB on the delayed refunds is consequent to the granting of refund under Section 11B by the authorized officer and therefore, not independent of it. As could be seen from the impugned order, the Commissioner (Appeals) has directed the Adjudicating Authority to reconsider afresh the claim of the appellant for refund and therefore, any finding on the claim of the appellant for interest may impact the denovo proceedings that are pending before the Adjudicating Authority. The appellant s claim for interest under Section 11BB is premature at this stage, since as of now, the appellant s claim for refund is pending adjudication. The claim for interest is therefore too early since the same depends upon the outcome of the proceedings. In any case, interest under Section 11BB is automatic and once the refund is sanctioned, then the interest follows. This issue is also remanded to the file of Original Authority, for reconsideration - appeal allowed by way of remand.

Summary

Issues:
- Whether the Commissioner (Appeals) was correct in rejecting the appellant's claim for interest on refund under Section 11BB of the Central Excise Act, 1944?

Analysis:
The appeals arose from Orders-in-Appeal passed by the Commissioner of Central Excise (Appeals-I) Bengaluru, with the main issue being the rejection of the appellant's claim for interest on refund under Section 11BB of the Central Excise Act, 1944. The appellant had filed a refund claim seeking refund of unutilized CENVAT credit for a specific period, which was initially rejected after adjudication. Subsequent appeals and remands led to the rejection of the claim for interest by the Commissioner (Appeals) due to the lack of required documentation. The appellant contested this rejection, asserting that the refund had been ordered, but the remand proceeding was still pending without a final decision.

The Tribunal noted that interest under Section 11BB is linked to the granting of refund under Section 11B and is not independent. The Commissioner (Appeals) had directed a reconsideration of the refund claim, which could impact the pending denovo proceedings. The Tribunal opined that the appellant's claim for interest was premature as the refund claim was still pending adjudication. Interest under Section 11BB is automatic upon sanctioning the refund, and its determination is contingent on the outcome of the proceedings. Therefore, the Tribunal disagreed with the rejection of the claim for interest by the First Appellate Authority (FAA) and set aside the impugned order, remanding the issue back to the Original Authority for further consideration.

Ultimately, the Tribunal allowed the appeals by remanding the issue of interest on refund back to the Original Authority for proper adjudication. The decision was pronounced in Open Court on a specific date, providing clarity on the Tribunal's ruling regarding the appellant's claim for interest under Section 11BB of the Central Excise Act, 1944.