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TMI Blog2021 (3) TMI 1195X X X X Extracts X X X X X X X X Extracts X X X X ..... ase on hand was sanctioned by the sanctioning authority after considering the facts and documents available as on the date of such sanction. So, there was no issue made out while sanctioning the refunds; the interest on the said refund which is a consequence of the refund, cannot be denied on flimsy grounds. This aspect when considered in the light of the dictum of the Hon ble Supreme Court in Ranbaxy Laboratories Ltd. [ 2011 (10) TMI 16 - SUPREME COURT ], leaves no room for any doubt as to the eligibility of the claimant, especially when the refund is sanctioned. Thus appellant is entitled to interest - cases remanded to the file of the Asst. Commissioner/sanctioning authority to workout appropriate interest and sanction the same to the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2015 24.01.2017 6 ST/40852/2018 335 Dt.30.11.17 Jan15 to Mar15 26.11.2015 24.01.2017 2. Shri R. Viswanathan, learned CA appeared for the appellant and Shri M.Jagan Babu, AC, learned Departmental Representative defended the Revenue, heard both sides and perused the records. 3. A perusal of the Orders-in Original reveals that the Assistant Commissioner has not granted or even considered the issue of interest under Section 11 BB ibid as correctly pointed out by the Commissioner (Appeals) in the impugned order. But, however, in the impugned order the Commissioner (Appeals) negatives the appellant s claim for interest terming it as Premature . 4. Hon ble Supreme Court in the case of M/s. Ranbaxy Laboratories Ltd vs Union Of India Others has cate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B that can be arrived at is that interest under the said Section becomes payable on the expiry of a period of three months from the date of receipt of the application under Sub-section (1) of Section 11B of the Act and that the said Explanation does not have any bearing or connection with the date from which interest under Section 11BB of the Act becomes payable. The Hon ble Supreme Court also took pains to consider a Circular issued by the CBEC ie., Circular No. 620/61/2002-CX dated 01.10.2002 F. No. 268/51/2002-CX.8 noted the following:- 1. . 2. In this connection, Board would like to stress that the provisions of Section 11BB of Central Excise Act, 1944 are attracted automatically for any refund sanctioned beyond a period of three months ..... X X X X Extracts X X X X X X X X Extracts X X X X
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