2004 (12) TMI 641

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..... . - The appellants filed refund claim of Rs. 1,98,528/- on 24-4-03 consequent to the Order-in-Appeal dated 27-3-2003 passed by the Commissioner (Appeals) in their appeal. The refund claim was sanctioned to them. But no finding was given on their request for interest. They, therefore, filed an application for refund of interest and the Asstt. Commissioner, Division-V, under his letter dated 4-9-0 .....

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..... in their favour by the Supreme Court. Thus during the period, the appellants wee deprived of the amount deposited under protest by squeezing finances from the business and hence they are entitled for interest, which has been denied to them by the lower authorities. 3. Shri P.M. Rao, ld. JDR appearing for the Revenue pleaded that there is a clear provision under Section 11BB of the Central E .....

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..... find that as per Explanation to Section 11BB, the appellants are not entitled for any interest as the refund was sanctioned within three months from the date of filing the refund application consequent to the order of the Commissioner (Appeals). Therefore, there is no merit in the claim of the appellants and accordingly, the appeal is rejected. [Operative part of the order already pronounced in o .....

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