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TMI Blog2016 (11) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... mmences 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. The appellant eligible for interest from the date of expiry of the period of three months from the date of filing of the refund claim till the date of payment of refund - appeal allowed - decided in favor of appellant. - ST/359/2007-DB - Final Order No. 21003/ 2016 - Dated:- 21-10-2016 - Shri S. S. Garg, Judicial Member And Shri V. Padmanabhan, Technical Member Smt. Lalitha Rameswaran, CA For the Appellant Smt. Ezhilmathi, AR, Mr. Mohammed Yousuf, AR For the Respondent ORDER Per V. Padmanabhan T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the application to be submitted under Section 11B(1) of the Central Excise Act, 1944. Accordingly, she submitted that they are entitled to refund from 22.6.2006 to 10.1.2007. 4. Learned DR fairly agrees that the issue is covered by the apex court judgment. 5. We find that the refund claim filed on 22.3.2006 has been sanctioned and paid on 10.1.2007. The issue of payment of interest on delayed refunds stands settled by the decision of the Hon ble Supreme Court in the case of Ranbaxy Laboratories Ltd. (supra). The apex court has held as follows: Section 11BB, the pivotal provision, reads thus : 11BB. Interest on delayed refunds. - If any duty ordered to be refunded under sub-section (2) of section 11B to any applicant i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly after an order for refund has been made under Section 11B of the Act. Section 11BB of the Act lays down that in case any duty paid is found refundable and if the duty is not refunded within a period of three months from the date of receipt of the application to be submitted under sub-section (1) of Section 11B of the Act, then the applicant shall be paid interest at such rate, as may be fixed by the Central Government, on expiry of a period of three months from the date of receipt of the application. The Explanation appearing below Proviso to Section 11BB introduces a deeming fiction that where the order for refund of duty is not made by the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise but by an Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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