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TMI Blog2022 (5) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Appeal allowed - decided in favor of appellant. - Excise Appeal No.10678 of 2020 - A/10516/2022 - Dated:- 12-5-2022 - MR. RAJU, MEMBER (TECHNICAL) Ms. Padmavati Patil, Advocate for the Appellant Shri Ghanshyam Soni, Joint Commissioner (AR) for the Respondent ORDER This appeal has been filed by Shri Khemisati Polysacks Pvt Ltd. against denial of interest on refund granted to the appellant. 02. Lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RPORATION LTD. She particularly relied on the decision of Hon ble Apex Court in the case of RANBAXY LABORATORIES (supra). 03. Learned AR argued that the refund became admissible only when the order relating to admissibility of credit dated 30th August, 2019 was passed and the refund was granted within three months of the said period. Therefore, the appellant is not entitled to any interest. He relied on the following decisions:- PEARL POLYMERS LTD- 2004 (174) ELT 41 (Tri-Del) PEARL POLYMERS LTD- 2008 (225) ELT A59 (SC) CCE, GOA Vs. NARAYAN BANDEKAR SONS P LTD.- 2010 (252) ELT 417 (Tri-Mum) HITECH PRINT SYSTEMS Vs. CC, CHENNAI- 2008 (230) ELT 288 (Tri-Chennai) 04. I have considered the rival submissions. I find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is still not refunded. Thus, the only interpretation of Section 11BB 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. 10 . It is a well settled proposition of law that a fiscal legislation has to be construed strictly and one has to look merely at what is said in the relevant provision; there is nothing to be read in; nothing to be implied and there is no room for any intendment. [See: Cape Brandy Syndicate v. Inland Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
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