2018 (4) TMI 478

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....eals) has allowed the refund claim of the assessee but denied to grant interest on the delayed payment of refund. Since the issue involved in all the 10 appeals is identical, all the 10 appeals are disposed by this common order. 2. Briefly, the facts of the present case are that the appellant is engaged in the export of services and is registered with Software Technology Parks of India (ST PI) and is engaged in export of software design and development services to its group company located outside India. The services rendered by the appellant are taxable under Information Technology Software Services and qualified as export under Rule 6A of the Service Tax Rules, 1994. The appellant procured various input services and availed the credit ....

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....hat the CENVAT credit is equal to payment of duty and hence that refund of CENVAT credit as per Rule 5 of CENVAT Credit Rules is equivalent to refund of duty paid under Section 1 1B of the Central Excise Act. Accordingly interest under Section 1 IBB of the Central Excise Act was granted. He further submitted that this view was also taken by the Gujarat High Court in the case of Reliance Industries Ltd. where it was held that refund order under Rule 5 of CENVAT Credit Rules shall be refunded under Section 11B (2) of the Central Excise Act. Accordingly interest under Section 1 IBB of the Central Excise Act was granted The relevant extract of the case is reproduced herein below: - 11. There is a basic fallacy in the premise on which t....