9911796707
TMI Blog2018 (1) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... htly sanctioned the refund claim in cash. Interest of delayed refund - Held that: - it is an admitted fact that refund claim filed by the assessee on 05.07.2013 has been allowed to them in their Cenvat account on 12.10.2015, which is more than three months from the date of filing of refund claim - the assessee is entitled to claim interest after three months from the date of filing of refund claims i.e. from 05.07.2013 till its realisation on 12.10.2015. Appeal dismissed - decided against Revenue. - E/10039/2017-SM, E/12075/2016, E/CO/10013/2017 - A/13473-13474/2017 - Dated:- 16-11-2017 - Mr. Ashok Jindal, Member (Judicial) Shri Navin Gheewala, Advocate for the Appellant(s) Mrs. N. Nagori, A.R. for the Respondent(s) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to claim interest. 4. On the other hand, ld. Consultant appearing on behalf of the assessee submits that the refund claim has already been sanctioned and no stay has been obtained by the Revenue from the Hon'ble Apex Court. In that circumstance, as per the decision of this Tribunal, the assessee is entitled to claim refund of the amount in question. Therefore, the authorities below have rightly sanctioned the claim to the assessee. It is further submitted that, as the assessee was not able to utilise the said credit as their product become exempt and the Hon ble Gujarat High Court in the case of Prayagraj Dyeing Printing Mills Pvt. Limited (in Tax Appeal Nos.1130 of 2011 and 1153 of 2011) has held that in case where the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal). 6. With regards to claim of interest on delayed refund, it is an admitted fact that refund claim filed by the assessee on 05.07.2013 has been allowed to them in their Cenvat account on 12.10.2015, which is more than three months from the date of filing of refund claim. Therefore, in the light of the decision of Hon'ble Apex Court in the case of Ranbaxy Laboratories Limited (supra), the assessee is entitled to claim interest after three months from the date of filing of refund claims i.e. from 05.07.2013 till its realisation on 12.10.2015. 7. In view of the above observations, the appeal filed by the Revenue is dismissed. The appeal filed by the assessee is allowed. Cross-objections also disposed of in the above terms. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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