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April 2016

[2016-TIOL-433-HC-MUM-CX] Tien Yuan India Pvt. Ltd vs. The Union of India.

By Puloma Dalal
Jayesh Gogri
Mandar Telang Chartered Accountants
Reading Time 1 mins
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If duty ordered to be refunded is not refunded within three months
from the date of receipt of the application, then interest mandated by
section 11BB(1) of the Central Excise Act, 1944 must follow.

Facts
An
order sanctioning refund was passed by the Tribunal. The Revenue
appealed against the order and the same is admitted and pending in this
Court. However the order of the Tribunal was not stayed. The Assistant
Commissioner refunded the amount without interest.

Held
The
Court held that when the duty ordered to be refunded u/s. 11B(2) of the
Central Excise Act, 1944 is not refunded within three months from the
date of receipt of application u/s. 11B(1) of the Act, the award of
interest must follow as mandated by section 11BB(1) of the Act. The
Court directed the department to pay the interest @ 6% from the expiry
of three months of the receipt of application till the date of refund
within 2 weeks from the receipt of the Court’s order.

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