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TMI BlogCentral Excise refund under protest- Interest eligibilityX X X X Extracts X X X X X X X X Extracts X X X X ..... We had paid excise duty in 1991 under protest as demanded by CCE ,we appealed and matter went upto Supreme Court which dropped the proceedings in 2004 . Due to severe health issues we couldn;t claim the refund . Now I want to do it since there is no time limit to claim refund paid under protest . Also wanted to check can I claim interest on the additional duty(under protest) from 1991 to 2004 .And ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if yes then what % . Thanks Girish - Reply By MARIAPPAN GOVINDARAJAN - The Reply = If you pay the amount under protest the same would be considered as deposit. When refund is eligible interest can be claimed on that amount as fixed by the Central Government from time to time. - Reply By YAGAY AND SUN - The Reply = Endorsing the very view of Govindrajan Sir''. - Reply By Ganeshan K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alyani - The Reply = Good that you are proceeding for claiming refund. The interest is receivable on the amount of predeposit. - Reply By girish kumar - The Reply = Thanks @all . Can anybody let me what % interest can i claim for my refund ? - Reply By Ganeshan Kalyani - The Reply = Please refer below provison: Section 11BB : Interest on delayed refunds - Reply By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... girish kumar - The Reply = Hi 11B is for delayed payment of interest after 3 months . I want to know what interest rate can i claim for period 1991-2004 during which dept held my deposit . - Reply By Ganeshan Kalyani - The Reply = Section 11B. Claim for refund of duty.- (1) Any person claiming refund of any 2 [duty of excise and interest, if any, paid on such duty] may make an applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion for refund of such 3 [duty and interest, if any, paid on such duty] to the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise before the expiry of one year from the relevant date in such form and manner as may be prescribed and the application shall be accompanied by such documentary or other evidence (including the documents referred to in section 12A) as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant may furnish to establish that the amount of 2 [duty of excise and interest, if any, paid on such duty] in relation to which such refund is claimed was collected from, or paid by, him and the incidence of such 3 [duty and interest, if any, paid on such duty] had not been passed on by him to any other person: Provided that where an application for refund has been made before the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommencement of the Central Excises and Customs Laws (Amendment) Act, 1991, such application shall be deemed to have been made under this sub-section as amended by the said Act and the same shall be dealt with in accordance with the provisions of sub-section (2) substituted by that Act; Provided further that the limitation of one year shall not apply where any 3 [duty and interest, if any, paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on such duty] has been paid under protest.Thanks Refer the bold text in bold. - Reply By YAGAY AND SUN - The Reply = Interest would be @ 6% p.a. - Reply By Ved Rawat - The Reply = No refund for intervening period during which no claim is made unless Supreme Court expressly directed for refund of duty paid under protest. - Central Excise refund under protest- Interest eligibility - Query ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Started By: - girish kumar Dated:- 27-9-2016 Central Excise - Got 9 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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