https://www.taxtmi.com/caselaws?id=333997 Refund of excise duty must be claimed within one year under Section 11B unless the assessment is genuinely provisional and time runs from finalisation. A price variation clause by itself did not establish provisional assessment, and even on a deemed provisional basis the price adjustments had been completed long before the refund application was filed, so the claim was barred by limitation and inadmissible. Interest under Section 11BB is payable only where a legally due refund is delayed; once the refund itself is time barred, no interest can be granted. The ruling therefore confirms strict compliance with limitation for excise refunds and denies consequential interest where no enforceable refund survives. en-us Wed, 26 Oct 2016 00:00:00 +0530 Thu, 06 Apr 2017 14:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=333997 Refund of excise duty must be claimed within one year under Section 11B unless the assessment is genuinely provisional and time runs from finalisation. A price variation clause by itself did not establish provisional assessment, and even on a deemed provisional basis the price adjustments had been completed long before the refund application was filed, so the claim was barred by limitation and inadmissible. Interest under Section 11BB is payable only where a legally due refund is delayed; once the refund itself is time barred, no interest can be granted. The ruling therefore confirms strict compliance with limitation for excise refunds and denies consequential interest where no enforceable refund survives. Case-Laws Central Excise Wed, 26 Oct 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=333997