2017 (3) TMI 243 - AT - Service Tax

Refund of interest - interest accrued on excess amount retained by the department, from its payments made by the appellant to the date of refund - Held that - interest on delayed refund is payable u/s 11BB of the CEA, 1944 on the expiry of three months from the date of receipt of refund application u/s 11B(1) and not from the date of order of refund or the appellate order allowing such refund - appeal dismissed - decided against appellant.

Summary

Issues:
- Liability for service tax on commission paid to overseas agents
- Refund claim for interest on excess amount retained by the department

Liability for service tax on commission paid to overseas agents:
The appellant, engaged in the manufacture and export of handloom made-ups and designer textile fabrics, availed services from agents abroad for procuring export orders and marketing products. The Superintendent of Central Excise directed the appellant to pay service tax on the commission paid to overseas agents. A show-cause notice was issued, leading to an Order-in-Original by the Commissioner. The liability to pay service tax was determined from a specific date, resulting in a confirmed demand. A refund claim was filed by the appellant, which was partially sanctioned by the Assistant Commissioner. The appellant further sought a refund for interest on the excess amount retained by the department, citing specific case laws. However, a subsequent show-cause notice proposed to reject the refund of interest voluntarily paid by the appellant. The Assistant Commissioner rejected the claim for refund of interest, leading to an appeal by the appellant before the Commissioner (A), who also dismissed the appeal. The appellant, dissatisfied with the decision, filed the present appeal.

Refund claim for interest on excess amount retained by the department:
The appellant contended that the impugned order denying interest on the amount retained by the department was not legally sustainable. The appellant relied on specific case laws to support this argument. The respondent, however, argued that there was no delay in granting the refund claim, which was processed within the stipulated period. Reference was made to relevant provisions under the Central Excise Act governing refunds, emphasizing that interest becomes payable only after a specified period from the date of application. The Commissioner (A) observed the appellant's liability for service tax under a specific category for a defined period and held that interest on delayed refund is payable as per the Supreme Court's judgment. The Tribunal, after considering the submissions and the apex court's decision, found no infirmity in the impugned order, upholding it and dismissing the appellant's appeal.