2014 (7) TMI 266 - AT - Central Excise

Tribunal remands matter for interest calculation on delayed refund, confirms appellant's entitlement

M/s. Ajay Metachem Sud LChemie Pvt. Ltd. Versus CCE-Ranchi

M/s. Ajay Metachem Sud LChemie Pvt. Ltd. Versus CCE-Ranchi - 2014 (303) E.L.T. 280 (Tri. - Kolkata) Issues:- Claim for interest on refunded amount- Interpretation of provisions under Central Excise Act, 1944- Application of Section 35FF and 11BBAnalysis:Claim for Interest on Refunded Amount:The case involved an appeal regarding the refund of a deposited amount by the Appellant, with a claim for interest on the refunded sum. The Appellant had initially deposited a specific amount as directed by the Additional Commissioner, which was later refunded following a favorable decision by the Tribunal. The Appellant sought interest on the refunded amount from the date of deposit until the actual refund date. The issue revolved around the entitlement of the Appellant to such interest.Interpretation of Provisions under Central Excise Act, 1944:The Appellant argued that since they were not liable to pay any duty but deposited the amount as per the department's directive, interest should be paid from the date of payment until the refund. The Revenue contended that interest should be calculated from the expiry of three months from the date of filing the refund claim. The Tribunal analyzed the legal provisions and precedents to determine the correct interpretation of the law in this context.Application of Section 35FF and 11BB:The Tribunal referred to Section 35FF of the Central Excise Act, 1944, which specifies the interest on delayed refunds of deposited amounts. It highlighted that the deposited amount must be refunded within three months from the final order date. Citing relevant judgments, the Tribunal concluded that the Appellant was entitled to interest after the expiry of three months from the date of the Tribunal's order. The decision emphasized the necessity for the adjudicating authority to calculate and refund the interest amount promptly, in line with the provisions of Section 35FF and Section 11BB.In the final judgment, the Tribunal set aside the Order-in-Appeal and remanded the matter to the adjudicating authority for the calculation of interest on the delayed refund. The authority was directed to determine the interest amount following the applicable legal provisions within a specified timeline. The decision partially allowed the appeal, ensuring the Appellant's entitlement to interest on the refunded amount as per the statutory provisions.