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TMI Blog2018 (2) TMI 638X X X X Extracts X X X X X X X X Extracts X X X X ..... of application of refund - appellant is entitled to claim interest after three months from the date of application for refund claim till its realisation. Appeal allowed - decided in favor of appellant. - E/2296/2008-DB - A/62194/2017-EX[DB] - Dated:- 15-12-2017 - Mr. Ashok Jindal, Member (Judicial) And Mr. Devender Singh, Member (Technical) Shri Sudeep Singh, Advocate for the Appellant(s) Shri Atul Handa, A.R. for the Respondent(s) ORDER Per : Ashok Jindal The appellant is in appeal against the impugned order wherein the interest claim has been rejected as not maintainable. 2. The facts of the case are that the appellant filed refund claim for the period 01.04.1986 to 31.03.1989 and 01.04.1989 to 22.02. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our attention to CBEC Circular No.670/61/2002-CE dated 01.10.2002 on the issue. 4. On the other hand ld. AR supported the impugned order and submits that appellant has not filed claim of interest and same has been filed after a long time and the same is not maintainable. 5. Heard the parties, considered the submissions. We find that for sanctioning interest, CBEC has issued a Circular No.670/61/2002-CE dated 01.10.2002 wherein the specific directions were given for dealing with the issue of interest on delayed refund. The said Circular is extracted hereunder:- F. No. 268/51/2002-CX. 8 Government of India Ministry of Finance (Department of Revenue) Central Board of Excise Customs, New Delhi Subject : No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Board would like to draw attention to Circular No. 398/31/98-CX, dated 2-6-98 [1998 (100) E.L.T. T16] wherein Board has directed that responsibility should be fixed for not disposing of the refund/rebate claims within three months from the date of receipt of application. Accordingly, jurisdictional Commissioners may devise a suitable monitoring mechanism to ensure timely disposal of refund/rebate claims. Whereas all necessary action should be taken to ensure that no interest liability is attracted, should the liability arise, the legal provision for the payment of interest should be scrupulously followed. As, from the said Circular it flows that if there is delay in sanctioning the refund claim then interest flows automatically and a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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