2021 (5) TMI 952 - AT - Service Tax

Interest on delayed Refund of service Tax - time limitation - calculation of interest on refunds after three months from the date of filing of the claim of refund - HELD THAT - The decision of the Hon ble Apex Court in the case of RANBAXY LABORATORIES LTD. VERSUS UNION OF INDIA AND ORS. 2011 (10) TMI 16 - SUPREME COURT , wherein the Apex Court has cleared that if the assessee filed the refund claim and the same is to be sanctioned within three months from the date of filing of the refund claim and the same is not sanctioned, then the Revenue has to pay the interest thereon on till its realization after three months from the date of filing of the refund claim although there may be litigation in the matter.. Admittedly, the appellants have filed the refund claims during the period 2006-09 and 2009-10 respectively and the same have not sanctioned within three months from the date of filing of the refund claim. In these circumstances, the appellants are entitled to claim interests on delayed refunds after three months from the date of filing of the refund claim till its realization. The claim of interest is allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Appeal against rejection of refund claims under Cenvat Credit Rules, 2004
- Entitlement to claim interest on delayed refunds

Analysis:
1. Appeal against rejection of refund claims under Cenvat Credit Rules, 2004:
- The appellants filed refund claims under Rule 5 of Cenvat Credit Rules, 2004 for the periods 2006-09 and 2009-10. The initial refund claims were rejected, leading to a series of appeals and orders by different authorities.
- The Tribunal allowed the refund claims on merits but remanded the matter back to the adjudicating authority for calculation and verification. Subsequently, the adjudicating authority partly allowed and partly rejected the refund claims, which were further appealed.
- The issue before the Tribunal was the non-consideration of the claim of interest raised by the appellants by the ld. Commissioner (Appeals) in both cases.
- The appellants argued for the entitlement to claim interest on refunds after three months from the date of filing if not sanctioned within that period, citing the decision of the Hon’ble Apex Court in a specific case.
- The Tribunal, considering the submissions and the legal precedent, held that the appellants were indeed entitled to claim interest on delayed refunds after three months from the date of filing of the refund claims till realization. Consequently, the appeals were allowed with consequential relief.

2. Entitlement to claim interest on delayed refunds:
- The crux of the issue revolved around the interpretation of the decision of the Hon’ble Apex Court in a specific case, which established the right of the assessee to claim interest on refunds not sanctioned within three months from the date of filing the refund claim.
- The Tribunal, in line with the legal precedent and the facts of the cases, affirmed that the appellants, having filed refund claims during the specified periods which were not sanctioned within the stipulated time frame, were entitled to claim interests on delayed refunds after the three-month period.
- The decision emphasized the obligation of the Revenue to pay interest on delayed refunds despite any ongoing litigation, thereby upholding the appellants' right to claim interest as per the established legal principles.

In conclusion, the judgment by the Appellate Tribunal CESTAT CHANDIGARH addressed the issues of appeal against rejection of refund claims under Cenvat Credit Rules, 2004 and the entitlement to claim interest on delayed refunds. The Tribunal, guided by legal precedents, ruled in favor of the appellants, allowing their claim for interest on delayed refunds and providing consequential relief.