2006 (1) TMI 15 - AT - Central Excise

Central Excise The assessee executed bank guarantee during pendency of the dispute encashed by Revenue Assessee became entitled to interest on delay in grant of refund

Summary

Issues:
1. Dispute over interest amount on refund sanctioned by original adjudicating authority.

Analysis:
The judgment pertains to a dispute involving interest amount in relation to a refund sanctioned by the original adjudicating authority. The respondents were involved in the manufacture of HDPE tapes from HDPE granules, with a dispute on product classification settled in their favor. The revenue had encashed a bank guarantee during the pendency of the dispute, which was later claimed as a refund by the respondents. The Assistant Commissioner sanctioned the refund but denied interest under Section 11BB of the Central Excise Act, 1944. On appeal, the Commissioner (Appeals) allowed the appeal, stating that the appellants were entitled to interest since the refund application was made before the enforcement of Section 11BB. The judgment emphasized that the revenue's argument regarding the bank guarantee encashment not falling under Section 11BB was unfounded, as the nature of the amount (bank guarantee or cash deposit) did not affect the applicability of interest provisions once the refund was made. Therefore, the appeal by the revenue was rejected, affirming the entitlement of the appellants to interest on the refunded amount.