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Central Excise - Highlights / Catch Notes

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Interest rate on delayed refunds u/s 11BB of Central Excise Act, ...


Interest rate on delayed excise refunds capped at 6% p.a. despite claims for higher rates. Govt empowered to fix 5-30% rate.

Case Laws     Central Excise

August 12, 2024

Interest rate on delayed refunds u/s 11BB of Central Excise Act, 1944 restricted to 6% p.a. as per Notification 67/2003-CE (N.T.), overruling appellant's claim of 12%. Madras and Karnataka High Courts upheld 6% rate, rejecting higher rates claimed. Section 11BB empowers Central Government to fix rate between 5-30% through notification. Notification 67/2003 validly issued fixing 6% rate. Appellant's contention of order being beyond show cause notice unsustainable. Appeal dismissed, affirming impugned orders.

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