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TMI Blog2023 (5) TMI 1188X X X X Extracts X X X X X X X X Extracts X X X X ..... made. The appellant has filed the refund claim on 28.10.2010 which was finally sanctioned on 31.08.2020 but no interest was granted - Further, as per Section 11BB of the Act, the interest is payable after the expiry of 3 months from the date of receipt of application. Therefore, in this case, the appellant is entitled to interest on delayed payment from 27.01.2011 to till date of credit to the account of the appellant at the rate of 6% as per the statute. The original authority is directed to compute the amount of interest and pay the same within the period of 2 months from the date of receipt of this order - Appeal allowed. - Excise Appeal No. 60394 Of 2022 - A/60140/2023 - Dated:- 29-5-2023 - Mr. S. S. GARG, MEMBER (JUDICIAL) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.10.2019. The appellant during the pendency of the appeal before the Tribunal deposited Rs. 1,76,250/- as pre-deposit i.e. 7.5% of the confirmed demand. The appellant vide letter dated 07.11.2019 filed refund claim of Rs. 1,76,250/- and also requested the Respondent to sanction refund claim of Rs. 5,72,340/- which was filed on 28.10.2010 but the Respondent vide Order-in-Original dated 31.08.2020 sanctioned the refund claim of Rs. 5,72,340/- and the refund of pre-deposit Rs. 1,76,250/-. Further, interest on delayed refund of pre-deposit amounting to Rs. 42,804/- was also granted, but interest on delayed payment of refund claim of Rs. 5,72,340/- was not sanctioned. Aggrieved by the order of the original authority, the appellant filed appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l of material on records and the judgements relied upon by the Ld. Counsel for the appellant, I find that the appellant is entitled to interest on the delayed refund in view of the judgement of the Hon ble Apex Court in the case of Ranbaxy Laboratories Ltd. vs. UOI cited (supra) wherein the Hon ble Apex Court has held in the following paras as under:- 14. At this stage, reference may be made to the decision of this Court in Shreeji Colour Chem Industries (supra), relied upon by the Delhi High Court. It is evident from a bare reading of the decision that insofar as the reckoning of the period for the purpose of payment of interest under Section 11BB of the Act is concerned, emphasis has been laid on the date of receipt of application f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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