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2016 (11) TMI 23

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....by the appellant from the merchant establishments in connection with credit card transactions were liable to payment of service tax. On being pointed out, the assessee paid service tax amounting to Rs. 93,99,111/- on 6.5.2005. However, they claimed refund of the same by filing a refund claim on 22.3.2006. The refund was sanctioned and paid by the Assistant Commissioner vide his order dated 10.1.2007. The appellant has claimed that they are entitled for payment of interest for the delayed payment of refund. The original authority as well as the commissioner (A) took a view that the appellant is not eligible for any payment of interest under Section 11BB. Hence the present appeal before the Tribunal. 2. Heard Shri Lalitha Ramewaran, learned ....

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....by Notification in 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. Explanation : Where any order of refund is made by the Commissioner (Appeals), Appella....