2015 (10) TMI 511

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.... appearing on behalf of the Appellant argued that an amount of Rs. 9,45,255.00 was paid by the Appellant before issuing of show cause notice in an investigation undertaken by the Revenue. That total payments of Rs. 9,45,255.00 made included Rs. 6,93,475.00 on account of duty and interest, Rs. 50,000.00 as personal penalty and Rs. 2,51,750.00 as interest. That another amount of Rs. 8,252.00 was paid with respect to Education cess. That CESTAT vide Order No.A/1982-1983/WZB/AHD/ 2011, dt.08.11.2011, set aside the OIA No.Commr(A)/219 & 230 VDR-II/2010, dt.08.09.2011 with respect to the case booked by Revenue with consequential relief. 2.1 That another refund claim of Rs. 1,91,250.00 originally became due to the Appellant on 14.06.2007 as per....

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....ed the case records. The provisions regarding payment of interest on delayed payment of refunds are covered by Section 11BB of the Central Excise Act, 1944, reproduced below:- 'Section 11BB.?Interest on delayed refunds. 'If any duty ordered to be refunded under sub-section (2) of section 11B to any applicant is not refunded within three months from the date of receipt of application under sub-section (1) of that section, there shall be paid to that applicant interest at such rate, not below five per cent and not exceeding thirty per cent per annum as is for the time being fixed by the Central Government, by Notification in the Official Gazette, on such duty from the date immediately after the expiry of three months from the date of recei....