9911796707
TMI Blog2024 (11) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... of interest on delayed refund automatically get attracted 3 months from the date of the order of the Tribunal permitting the said refund claim. This however automatically rolls back for the purpose of this Section under Sub-section 2 of Section 11B. The explanation to Section 11BB has nothing to do with the postponement with the said date. As it is an undisputed fact that the refund application was filed by the appellant on 29.06.2007, the appellant is entitled to payment of interest at applicable rates, three months from the said date of receipt of the said refund application, till the time the same was paid. The order of the Commissioner (Appeals) is set-aside and the appeal succeeds on merits. The revenue is directed to make good the sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the date for payment of interest as three months from 11.03.2016. It is their submission that they had filed aforesaid rebate claim under Rule 5 of Exports of Service Rules read with Notification No. 11/2005-ST for the period August 2005 to January 2006 enclosing therewith all supporting documents. 5. Learned Counsel Shri R. Krishanan, submits that the original application for claim of refund (supra) was complete in all respects at the material time when it was filed and there was no finding of the lower authority to state that the said refund was inadmissible on account of any other reason other than time bar. He submits that the question regarding payment of interest, as accruable to them on account of delayed refund claim granted by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication till the date of refund of such duty : Provided that where any duty ordered to be refunded under sub-section (2) of section 11B in respect of an application under sub-section (1) of that section made before the date on which the Finance Bill, 1995 receives the assent of the President, is not refunded within three months from such date, there shall be paid to the applicant interest under this section from the date immediately after three months from such date, till the date of refund of such duty. Explanation: where any order of refund is made by the Commissioner (Appeals), Appellate Tribunal or any Court against an order of the Assistant Commissioner of Central Excise, under sub-section (2) of section 11B, the order passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s payable under Section 11BB of the Act. Manifestly, interest under Section 11BB of the Act becomes payable, if on an expiry of a period of three months from the date of receipt of the application for refund, the amount claimed 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. It is therefore evident that the provisions concerning payment of interest on delayed ref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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