2018 (5) TMI 1354

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....- for the respondent Per Ashok Jindal: The appellant is in appeal against the impugned order wherein interest on delayed refund has been rejected by the authorities below. 2. The facts of the case are that on persuasion of the department is that the appellant is not entitled to avail cenvat credit. The appellant reversed an amount of Rs. 5,92,815-/ under protest and filed the refund claim....

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....aiming interest on the delayed refund of Rs. 5,92,815/- after three months from the date of filling the refund claim i.e. 22.01.2014 till its realization. Both the authorities below have rejected the claim of interest on the premise that as refund claim has been sanctioned in pursuant to the order of the Commissioner (A), therefore, they are not entitled to claim interest for the earlier period. A....

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.... and immediately after issue has been settled by the ld. Commissioner (A), the refund claim has been sanctioned and interest for delayed refund has already be given to the appellant. He also submits that the facts in the case of Ranbaxy Laboratories Ltd. (Supra) is not applicable to the facts of this case, in that circumstances, the appeal is to be dismissed. 5. Heard the parties and considered....

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....tion 11BB of the Act, which is applicable for rebate claim as well as refund claim. In that circumstance, I hold that the ruling given by the Hon'ble Apex Court in the case of Ranbaxy Laboratories Ltd. (Supra) is applicable to the facts of this case. Admittedly, the refund claim has been sanctioned to the appellant with a delay i.e. three months after filing the refund claim i.e. 22.01.2014. In th....