2016 (11) TMI 1127 - AT - Central Excise

Entitlement to interest - Appropriation of rebate sanctioned against the rebate sanctioned earlier erroneously - Held that - the issue whether the appellant is eligible for the rebate of ₹ 21,18,36,117/- has attained finality and said rebate for the earlier period has already been sanctioned and paid to the appellant. It is brought out form the Order-in-Appeal passed by the Commissioner (Appeal) that the appropriation was erroneous. On such findings, the claim of the appellant for the interest from the date of appropriation is not without basis. Further, the issue stands squarely covered by the decisions laid by the Supreme Court in Ranbaxy. Lab. Ltd. 2011 (10) TMI 16 - Supreme Court of India Following the same, I hold that the appellants are eligible for interest from the date of appropriation till the date of actual payment of the refund - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Appropriation of rebate amount towards earlier dues without payment
- Eligibility of appellant for interest on sanctioned rebate
- Finality of rebate sanction and payment

Analysis:
1. The issue in this judgment revolves around the appropriation of rebate amount by the rebate sanctioning authority towards earlier dues without actual payment to the appellant, who had filed rebate claims for duty paid on goods cleared for exports under Rule 18 of CE Rules, 2002. The appellant's rebate claims were initially appropriated against an earlier sanctioned rebate amount of ?21,18,36,117, which the Commissioner(Appeals) later deemed as erroneous. The appellant sought interest on the sanctioned rebate from the date of appropriation, contending that the matter had attained finality after rounds of litigation.

2. The appellant's counsel argued that since the rebate amount had been sanctioned after prolonged litigation, the issue had attained finality, and interest should be granted from the date of rebate application. The counsel cited the case of Ranbaxy lab. Ltd. vs Union of India, 2011-273-ELT-3(SC) in support of the claim for interest.

3. On the other hand, the department's representative contended that since the rebate was sanctioned within three months without any delay, the appellant was not eligible for interest. The department argued that interest could not be claimed from the date of original sanction as the rebate amount had been adjusted against existing arrears at that time.

4. The presiding Member noted that the issue of the appellant's eligibility for the sanctioned rebate amount had attained finality, as the rebate had been paid to the appellant for the earlier period. The Commissioner (Appeals) had found the appropriation to be erroneous, leading to the appellant's claim for interest from the date of appropriation. Citing the Supreme Court's decision in Ranbaxy lab. Ltd., the Member held that the appellant was entitled to interest from the date of appropriation until the actual payment of the refund.

5. Consequently, the impugned order rejecting the appellant's claim for interest was set aside, and the appeals were allowed with any consequential reliefs. The judgment clarified the appellant's eligibility for interest on the sanctioned rebate amount from the date of appropriation to the date of actual payment, based on the finality of the rebate sanction and payment.