2015 (8) TMI 1333 - AT - Central Excise

Appellate tribunal affirms interest on delayed refund & CENVAT credit for waste. Revenue appeal dismissed.

The appellate tribunal upheld the Commissioner (Appeals) decision, affirming the entitlement to interest on delayed sanction of refund and the refund of ... Interest on delayed sanction of refund - Held that: - the refund application filed by the appellant was considered by the Department after three months from the date of filing the claim application. As per provisions of Section 11BB of Central Excise Act, 1944 the assessee is entitled for interest for the period beyond three months from the date of filing the refund application, till the date of receipt of the refund amount - The issue involved such as, payment of interest on delayed sanction of refund is no more res integra in view of the judgement of the Hon’ble Supreme Court in the case of Ranbaxy Laboratories Ltd. Vs. Union of India [2011 (10) TMI 16 - Supreme Court of India ]. Refund of CENVAT credit attributable to waste generated in the course of manufacture of exported goods - Held that: - Rule 5 of CENVAT Credit Rules, 2004 permits a manufacturer to claim refund of central excise duty or service tax paid on input or input services, used in the manufacture of final product which is cleared for export under bond or letter of undertaking. In the said Rule, there is no provision to proportionately reduce the refund attributed to waste, generated in the manufacture of exported goods. In the absence of any specific prohibition/restriction in the statute, total quantity of inputs including quantity of inputs contained in waste, for which refund claim was filed, the appellant is entitled for the benefits provided in the statute. Appeal dismissed - decided against Revenue. Issues involved:- Payment of interest on delayed sanction of refund- Refund of CENVAT credit attributable to waste generated in the course of manufacture of exported goodsAnalysis:Payment of interest on delayed sanction of refund:The appeal pertains to the impugned order allowing the appeal of the respondent regarding the payment of interest on delayed sanction of refund. The Commissioner (Appeals) held that interest should be paid at the stipulated rate on the refund amount from the date immediately after three months from the date of application till the date of refund. This decision is supported by Section 11BB of the Central Excise Act, 1944, which entitles the assessee to interest for the period beyond three months from the date of filing the refund application until the refund amount is received. The judgment of the Hon'ble Supreme Court in the case of Ranbaxy Laboratories Ltd. Vs. Union of India is cited to reinforce the position on payment of interest on delayed sanction of refund.Refund of CENVAT credit attributable to waste generated:Regarding the refund of CENVAT credit related to waste generated during the manufacture of exported goods, the Commissioner (Appeals) allowed the refund of CENVAT credit for inputs or input services used in the final product cleared for export under bond or letter of undertaking. It was emphasized that Rule 5 of the CENVAT Credit Rules, 2004 does not impose any restriction on claiming credit on inputs attributable to waste generated during manufacturing. The absence of any provision in the rule to proportionately reduce the refund attributed to waste indicates that the appellant is entitled to benefits provided in the statute for the total quantity of inputs, including those in waste.In conclusion, the appellate tribunal found no infirmity in the impugned order passed by the Commissioner (Appeals) and dismissed the appeal filed by the Revenue. The decision upholds the entitlement to interest on delayed sanction of refund and the refund of CENVAT credit attributable to waste generated during the manufacture of exported goods. The cross appeal was disposed of accordingly.