2010 (3) TMI 1036 - SCH - Central Excise

Liability of interest - Held that - unless a finding is recorded that application that was filed by the Petitioner u/s 11B of CEA, 1944 cannot be termed as an application made u/s 11B ibid, liability to pay interest after expiry of period of three months from date of receipt of application cannot be denied - appeal allowed.

Summary

The Supreme Court of India in 2010 (3) TMI 1036 - SC Order, held that findings in favor of the assessee were recorded by the Bombay High Court, remanding proceedings for establishing correlation of necessary documents. The High Court ruled that liability to pay interest cannot be denied unless a finding is recorded that the application under Section 11B of the Central Excise Act, 1944 was not valid.