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<h1>Interest ordered on delayed service tax refunds under Section 11BB read with Section 83; authority must verify amounts promptly</h1> HC held that the petitioner is entitled to statutory interest on delayed service tax refunds under Section 11BB of the Central Excise Act read with ... Entitlement of interest on the delayed payment of refunds to the petitioner in terms of Section 11BB of the Central Excise Act read with Section 83 of the finance Act, 1994 - entitlement to interest upon expiry of 90 days from the date of submission of the application or not - HELD THAT:- A perusal of the material on record, comprising of the details of the refund orders and refund payments made in favour of the petitioner as enumerated in Annexure-C1 clearly indicate that the petitioner would be entitled for interest for delayed refund in terms of Section 11BB of the Act. Under these circumstances, there is absolutely no impediment to direct the respondents to grant applicable interest on delayed refund in terms of Section 11BB of the Act in favour of the petitioner. However, in order to grant an opportunity to the concerned respondent for the limited purpose to verify the calculation of quantum of interest on the delayed refund as clamed by the petitioner, it is deemed just and appropriate to direct the concerned respondent to grant interest on the refund as sought for in Annexure-B series dated 14.10.2022 in favour of the petitioner after making due verification and in accordance with law within a stipulated time frame. The respondents are directed to grant / pay interest on delayed refund of the petitioner as sought for in Annexure-B series dated 14.10.2022 after due verification as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order - petition allowed. Petitioner sought interest of Rs. 39,25,95,986/- at 6% p.a. on delayed payment of Service Tax refunds for tax periods July 2007-September 2007 to April 2017-June 2017, relying on Section 11BB of the Central Excise Act, 1944 read with Section 83 of the Finance Act, 1994. The refund amounts themselves had already been sanctioned and paid pursuant to orders of the Assistant Commissioner (Annexures B1-B27). The petitioner contended that, under Section 11BB, interest becomes payable if refund is not made within 90 days from the date of the refund application dated 14.10.2022. The revenue did not dispute that refunds were granted but contested entitlement to interest. The Court, referring to the refund details in Annexure-C1, held that the petitioner 'would be entitled for interest for delayed refund in terms of Section 11BB of the Act' and that there was 'absolutely no impediment' to direct payment of such interest. The writ petition was allowed, directing respondents to pay interest on delayed refunds as claimed in Annexure-B, after due verification, within two months.
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