2011 (11) TMI 202

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....B.S.V. Murthy:   Refund claim of Rs.29,635/- was sanctioned by the original adjudicating authority. The refund claim was in respect of Service Tax paid by the appellant in respect terminal handling charges incurred by them in respect of their exports. The Commissioner, exercising his powers under Section 84 of Finance Act, 1994 revised the order and held that the refund was not admissible a....

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....demand of interest under Section 75 is beyond the power of Commissioner when he is exercising his powers under Section 84 of Finance Act, 1994; when refund was sanctioned after due process of law, interest cannot be demanded and Section 75 is in respect of delayed payment of Service Tax under Section 68 and has no application to the consequential effect of proceedings under Section 84 in relation ....

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....Government within the period prescribed, shall pay simple interest 5 at such rate not below ten per cent and not exceeding thirty-six per cent per annum as is for the time being fixed by the Central Government, by Notification in the Official Gazette for the period by which such crediting of the tax or any part thereof is delayed.   5. From the Section 75, it can be seen that Section itself....