2017 (2) TMI 523

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..... of Department to refund the amount - Held that: - the appellants are eligible for interest after three months from the date of filing the refund application 29.05.2001 - the appellant is eligible for interest on the refund amount from 29.08.2001 onwards till the payment of refund 20.10.2009 - appeal allowed - decided in favor of appellant.
Ms. Sulekha Beevi, C.S., Member (Judicial) Shri. Pras .....

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..... filed appeal before the Tribunal. The Tribunal remanded the issue to the original authority to consider the question of unjust enrichment in denovo adjudication the original authority again rejected the refund. Against this order the appellant filed appeal before the Commissioner (Appeals) and vide Order-in-Appeal No. 20/2008 dated 31.03.2008, the Commissioner (Appeals) allowed the refund. The De .....

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..... erred an appeal against this order before the Commissioner (Appeals). Vide Order-in-Appeal dated 23.03.2010 which is the order impugned herein, the Commissioner (Appeals) granted interest w.e.f. 01.07.2008 calculating the period applicable for interest as three months after grant of refund by the Commissioner (Appeals) in the second round of allegation i.e., three months after 31.03.2008. Aggrieve .....

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..... which the appellant is eligible for interest is clear from Section 11B of the Central Excise Act, 1944. Further, the issue stands settled by the Honorable Apex Court in the case of Ranbaxy Laboratories Ltd., (supra). The Honorable High Court of Karnataka in the case of Pfizer Products India Pvt. Ltd., (supra) relied upon by the appellant has observed in para as under: 11. From plain reading of t .....

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..... e no hesitation to hold that the appellants are eligible for interest after three months from the date of filing the refund application 29.05.2001. Therefore, I hold that the appellant is eligible for interest on the refund amount from 29.08.2001 onwards till the payment of refund 20.10.2009. The impugned order granting refund from 01.07.0208 only is set aside. The appeal is allowed with consequen .....

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