Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2022 (6) TMI 161

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... D THAT:- The fact is not in dispute that appellant has deposited certain amount during investigation. The appellant neither filed any claim nor refund application but because of demand which was dropped by learned Commissioner (Appeals) only thereafter they filed refund claim. The Hon ble Supreme Court in the case of RANBAXY LABORATORIES LTD. VERSUS UNION OF INDIA AND ORS. [ 2011 (10) TMI 16 - SUP .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... g investigation. The appellant is not entitled for the interest on refund sanctioned from the date of deposit of duty - appeal dismissed - decided against appellant. - EXCISE Appeal No. 11222 of 2019-SM - FINAL ORDER NO. A/10529 / 2022 - Dated:- 17-5-2022 - MR. RAMESH NAIR, MEMBER (JUDICIAL) None for the Appellant Shri G. Kirupanandan, Superintendent (AR) for the Respondent O .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ut, none appeared for the appellant despite notices. 3. Shri G. Kirupanandan, learned Superintendent (Authorised Representative) appearing for the Revenue reiterates the findings of the impugned order. He submits that it is a settled law that interest on refund claim is admissible only for the period after three months from the date of filing refund application. It is his submission that the Ad .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... is payable only after three months from the date of application. Therefore, since the appellant s refund claim is sanctioned within three months no interest is accrued. Clause (ec) of Section 11B (2), is reproduced below:- (ec) in case where the duty becomes refundable as a consequence of judgment, decree, order or direction of appellate authority, Appellate Tribunal or any court, the date .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates