Refund of Interest paid under Central Excise

[Praveen Kumar]

1. An assessee has paid excess Interest under Central Excise.

2. Can he apply for the refund of the same. If that is not possible can he adjust that interest against any duty liability. What is the way out ?

AI Summary

Assessee Can Claim Refund of Overpaid Interest Under Section 11B, Self-Adjustment Not Allowed, One-Year Limit Applies An assessee overpaid interest under Central Excise and inquired about obtaining a refund or adjusting the excess against duty liability. Two responses clarified that a refund can be claimed under Section 11B of the Central Excise Act, 1994, but self-adjustment against duty liability is not permitted. The refund claim must be filed within one year, subject to the provision of unjust enrichment, unless the payment was made under protest, in which case the time limit does not apply. Both respondents agreed on these points.