2018 (8) TMI 539

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....ER Per: Ramesh Nair This issue involved in the present case is that whether the appellant is entitled for interest on refund of amount of duty paid during the investigation of the case from the date of deposit or after 3 month from the date of filling appeal in the event when the demand was dropped by the Tribunal order. 2. Shri Rahul Gajera, Ld. Counsel appearing on behalf of the appellant su....

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....f duty initiated. Therefore, the payment made during the investigation by the appellant is the amount of duty only. Hence, the refund of the same is applicable Under Section 11B of Central Excise Act, 1944. Hence, the interest provided Under Section 11BB is only from the date after 3 months of filling of refund claim, therefore, the interest in the present case is not payable by the revenue to the....

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.... interest on refund of such amount shall be payable from the date of deposit of such amount or from the date after 3 months of filling the refund application. As regard, the deposit made during the investigation it is obvious that there is no provision in Central Excise or to make a deposit. Whatever payment made it is towards the probable Excise duty liability for which the investigation is under....

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....application. Therefore, the interest in any case is not payable from the date of deposit of the amount during the investigation. On the issue of interest on refund of duty the Hon'ble Supreme Court in the case of Ranbaxy Laboratories Ltd Vs. Union of India 2011 (273) ELT 3 (S.C) wherein, the Court has held that the interest on refund Under Section 11B is payable only from the date of expiry of thr....