9911796707
TMI Blog2024 (1) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... ed interest on the amount so refunded in favour of the petitioner. 2. Resultantly, the petition is filed with the following prayers:- "(a) Respondents may kindly be directed to pay the claim of interest of Rs. 2407631/- to compensate the petitioner for the loss incurred due to blockage of working capital. (b) Pas such further order/orders as Hon'ble Court may deem fit and proper in the facts and circumstances of the instant case and to sub serve the ends of justice." 3. Concisely noted, the factual narrative of the instant petition dictates as under:- 3.1 That on 11.03.2015 and 12.03.2015, search was conducted at the premises of the petitioner by the Officers of the Anti-Evasion Branch of the Central Excise Commissionerate. The Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tment issued the refund of Rs. 14,42,900/- against the application filed on 18.10.2021. However, the claim of interest was rejected. 3.11 That meanwhile, even the appeal filed by the petitioner against the rejection order dated 01.11.2021 qua the excess amount, was also allowed on 25.04.2022. 3.12 That subsequently, the petitioner again filed an application before the Department for the refund of the excess amount i.e. Rs. 14,38,564/- along with interest. 3.13 That on 16.06.2022, the Department issued refund of Rs. 14,38,564/-. However, the claim of interest was not awarded. 3.14 That being aggrieved by the impugned action of the respondent-authorities of not awarding the interest on the amount so refunded, the petitioner has preferred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prayed that the present petition be dismissed. 6. Heard the learned counsel for the parties and perused through the record of the petition. 7. At the outset, preceding to the discussion on merits, it is noted that by virtue of Section 83 of the Finance Act of 1994, the provisions of Section 11B and 11BB of the Act of 1944 are made applicable to the cases of service tax. Therefore, this Court deems it appropriate to take note of the instrumental legal provision(s), necessary for the adjudication of the lis in question. "11BB. Interest on delayed refunds.- If any duty ordered to be refunded under sub-section (2) of section 11B to any applicant is not refunded within three months from the date of receipt of application under sub-section ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... must be carried out within a period of three months from the date of receipt of the said application. 8.4 However, in an eventuality, where no refund is effectuated within the prescribed period of 3 months, despite having received an application to that effect, then interest shall accrue on the amount liable to be refunded. 9. In the facts and circumstances of the present case, it is clear that the petitioner filed an application for refund of Rs. 14,42,900/- on 18.10.2021, pursuant to which, the refund was sanctioned on 08.12.2021 i.e. within the statutorily prescribed time period of effectuating refund within 3 months from the date of receiving an application to that effect. Therefore, having satisfied the requirement of effectuating r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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