2012 (11) TMI 256

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....unal is payable to the opposite party after three months from the date of such order as held by the Larger Bench in the case of M/s. Coronation Spinning India reported in 2004 (170) E.L.T. 143 (Tri.-LB) or after three months from the date of filing of original refund claim application as held by the Tribunal in this case vide Misc. order No. M/129/04-NB(C) dated 8-9-2004?" 3. Brief facts of the case are as follows :- 4. M/s. J.K. Drugs & Pharmaceuticals Ltd., Gajraula engaged in the manufacture of P.P. Medicines falling under Central Excise Traffic Heading No. 2941.90 of Central Excise Tariff Act, 1985, filed claims amounting to Rs. 43,96,108.24 under Rule 57-F(4) of Central Excise Rules 1944, for refund of duty paid on inpu....

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...., which was dismissed by Hon'ble Supreme Court vide order dated 6-12-04 (S.L.P. Civil CC 947/2004) [2005 (183) E.L.T. A118 (S.C.)]. 8. The Customs, Excise & Gold (Control) Appellate Tribunal has by its short order dated 8-9-2004, allowed interest on refund claim at the rate applicable from the expiry of three months from the date of filing application, till the date of payment. The order of the Tribunal is quoted hereunder :- "This is an application for implementation of Tribunal's Final Order No. A/248/03 NB-C dated 14-5-2003, by which the appeal of the assessee was allowed. We have considered the rival submissions and perused the contents of the application. We find that SLP filed by the Revenue against Tribunal's Final Order w....

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....te on which the Finance Bill, 1995 receives the assent of the President, is not refunded within three months from such date, there shall be paid to the applicant interest under this section from the date immediately after three months from such date, till the date of refund of such duty.   Explanation : Where any order of refund is made by the Commissioner (Appeals), Appellate Tribunal, National Tax Tribunal or any court against an order of the Assistant Commissioner of Central Excise, under sub-section (2) of Section 11B, the order passed by the Commissioner (Appeals), Appellate Tribunal or, as the case may be, by the court shall be deemed to be an order passed under the said sub-section (2) for the purposes of this section." ....