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2024 (2) TMI 1077 - AT - Central ExciseInterest on delayed refund - period prior insertion of the Section 11BB of CEA - HELD THAT - There is no dispute that this order was in respect of a refund application filed on 07.04.1997. If Revenue was aggrieved by the facts as recorded in this order they should have filed an application under Section 35 C (2) of the Central Excise Act, 1944 for getting the facts as recorded in the final order of tribunal or could have filed an appeal to the concerned appellate authority. Having not done so there cannot be any dispute about the fact that entire proceedings are in respect of the refund application filed on 07.04.1997. Commissioner (Appeals) findings in this regard cannot be faulted with. As the entire issue is in sequel of the Tribunal order directing payment of due interest as due. Without challenging the direction to pay the interest at appropriate forum the same cannot be challenged in these proceedings whether for the period prior insertion of the Section 11BB before or after, there are no merits in this appeal. In the case of RANBAXY LABORATORIES LTD. VERSUS UNION OF INDIA AND ORS. 2011 (10) TMI 16 - SUPREME COURT , SC held that liability of the revenue to pay interest under Section 11BB of the Act commences from the date of expiry of three months from the date of receipt of application for refund under Section 11B(1) of the Act and not on the expiry of the said period from the date on which order of refund is made. There are no merits in this appeal filed by the revenue - appeal dismissed.
Issues Involved:
1. Veracity of the refund claim purportedly filed on 07.04.1997. 2. Applicability of interest under Section 11BB of the Central Excise Act, 1944. 3. Retrospective effect of Section 11BB. 4. Compliance with Tribunal Final Order No.70830 of 2018. Summary: 1. Veracity of the Refund Claim: The Revenue questioned whether the Commissioner (Appeals) verified the authenticity of the refund claim allegedly filed by the party on 07.04.1997. The department had no records of such a claim being filed, and there was no acknowledgment from the jurisdictional Assistant Commissioner. The Commissioner (Appeals) did not discuss or verify the genuineness of the date of filing of the refund claim. Therefore, the Revenue argued that the order allowing interest from 07.07.1997 was groundless. 2. Applicability of Interest Under Section 11BB: Section 11BB of the Central Excise Act, 1944 stipulates that interest on delayed refunds is payable from the date of receipt of the refund application if the refund is not sanctioned within three months. The Revenue contended that since the refund was sanctioned within three months, interest was not applicable. However, the Tribunal referenced the Supreme Court's decision in Ranbaxy Laboratories Ltd., which clarified that interest under Section 11BB becomes payable if the refund is not made within three months from the date of receipt of the application. 3. Retrospective Effect of Section 11BB: The Revenue argued that Section 11BB, inserted w.e.f. 26.05.1995, did not have retrospective effect and thus was not applicable to the refund claim for the period 14.05.1986 to 30.06.1990. However, the Tribunal noted that the insertion of Section 11BB did not explicitly indicate its retrospective effect, but the interest becomes payable from the date of receipt of the refund application, aligning with the Supreme Court's interpretation. 4. Compliance with Tribunal Final Order No.70830 of 2018: The Tribunal had previously recorded the date of the refund application as 07.04.1997 and directed the payment of the refund along with interest. The Revenue did not challenge this order or file an appeal. Therefore, the Tribunal held that the proceedings were in respect of the refund application filed on 07.04.1997, and the Commissioner (Appeals)' findings were correct. The Tribunal dismissed the Revenue's appeal, emphasizing that the direction to pay interest could not be challenged without contesting the original Tribunal order. Conclusion: The appeal filed by the Revenue was dismissed, and the Tribunal upheld the order allowing the refund with interest, as directed in the previous Tribunal order. The Tribunal reiterated that interest under Section 11BB becomes payable from the date of receipt of the refund application if the refund is delayed beyond three months.
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