https://www.taxtmi.com/caselaws?id=54112 Interest under Section 11BB of the Central Excise Act, 1944 applies to delayed refunds of accumulated Modvat/Cenvat credit granted under Rule 5 of the Cenvat Credit Rules, 2002 when sanction is made beyond three months from the claim date. Rule 5 and the related notification govern only the procedure for filing and processing refund claims, while Section 11BB supplies the interest consequence for delay. Because the refund was ordered under Section 11B(2), the Board's circular was read as confirming automatic interest liability on late sanction. The contrary view was treated as per incuriam for ignoring Sections 11B and 11BB and the circular. en-us Mon, 11 Jul 2005 00:00:00 +0530 Mon, 18 Oct 2010 10:59:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=54112 Interest under Section 11BB of the Central Excise Act, 1944 applies to delayed refunds of accumulated Modvat/Cenvat credit granted under Rule 5 of the Cenvat Credit Rules, 2002 when sanction is made beyond three months from the claim date. Rule 5 and the related notification govern only the procedure for filing and processing refund claims, while Section 11BB supplies the interest consequence for delay. Because the refund was ordered under Section 11B(2), the Board's circular was read as confirming automatic interest liability on late sanction. The contrary view was treated as per incuriam for ignoring Sections 11B and 11BB and the circular. Case-Laws Central Excise Mon, 11 Jul 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=54112