2014 (4) TMI 379

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.... together. 2. The facts, to which there appears to be no dispute, are that the appellant used excisable goods as inputs and, accordingly, became entitled to cenvat credit. However, appellant was not allowed to take advantage of this credit by adjusting the same with the excise liability on the goods produced by it. This happened by reasons of certain notifications issued by the Government. Ultimately, it was decided that those notifications do not stand in the way of utilizing these credits. By the time the same was decided, the goods manufactured and sold by the appellant became exempted from the leavy of excise duty. Accordingly, question of adjusting such cenvat credit with the excise duty payable by the appellant did not arise. Appel....

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....n the Official Gazette, on such duty from the date immediately after the expiry of three months from the date of receipt of such application till the date of refund of such duty : Provided that where any duty ordered to be refunded under sub-section (2) of section 11B in respect of an application under sub-section (1) of that section made before the date 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." 3. Section 11B (2) of the Act and its first proviso is as follows:- "11B. (2) If, on receipt of a....