9911796707
TMI Blog2022 (11) TMI 560X X X X Extracts X X X X X X X X Extracts X X X X ..... B. It is surprising to note that in one hand the department has undisputedly sanctioned the refund in cash obviously under section 11B then why the different treatment should be given for grant of interest which is consequential to refund under section 11 B. There is no dispute that there is a delay in sanctioning the refund against the application of refund filed by the appellant on 24.05.2016 and 21.07.2016 whereas the refund was granted on 05.11.2018. It is settled law that in case of delay in sanctioning refund after 3 months of filing of application the assessee is entitled for the interest after 3 months from the date of application till the sanction of refund - the appellants are entitled for the interest in the refund claim sanction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls on the ground that the appellant in terms of Rule 6(3A)(f) would have adjusted the excess amount on their own by taking credit suo moto, in failure to do so the appellant is not entitled for interest. Being aggrieved by the order of the Commissioner (Appeals) the appellant filed the present appeals. 2. Ms. Dimple Gohil, Learned Counsel appearing on behalf of the appellant submits that the refund claim is governed by Section 11B therefore consequential interest under section 11 BB is available to the appellant. She submits that it is settled law that any claim of refund even related to Modvat/Cenvat is governed by section 11B. In this support she placed reliance on the Hon'ble Gujarat High Court Judgment in the case of Indo Nippon Chemic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed sanction of refund in terms of Section 11 BB. I find that there is no dispute regarding sanction of refund as the appellant has been granted the refund of excess reversal of cenvat credit. The Learned Commissioner has denied the claim of interest on the ground that since the appellant were entitled to take the suo moto credit the refund is not governed by section 11 B. I surprised to note that in one hand the department has undisputedly sanctioned the refund in cash obviously under section 11B then why the different treatment should be given for grant of interest which is consequential to refund under section 11 B. There is no dispute that there is a delay in sanctioning the refund against the application of refund filed by the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
