2014 (3) TMI 158

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....d in the matter is that whether the appellant are entitled for claiming interest on delayed refund of the amount paid by them before issuance of the show-cause notice or not. 2. The brief facts of the case are that the appellant had deposited the amount much prior to the issuance of the show-cause notice and deposits were made in terms of the stay order passed by the Tribunal. 3. The appella....

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....erein the Hon'ble Apex Court has held as under:    "That Section 11BB of the Act comes into play only after an order for refund has been made under Section 11B of the Act. Section 11BB of the Act lays down that in case any duty paid is found refundable and if the duty is not refunded within a period of three months from the date of receipt of the application to be submitted under sub-....

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....under Section 11BB of the Act. Manifestly, interest under Section 11BB of the Act becomes payable, if on an expiry of a period of three months from the date of receipt of the application for refund, the amount claimed is still not refunded. Thus, the only interpretation of Section 11BB that can be arrived at is that interest under the said Section becomes payable on the expiry of a period of three....