TaxTMI 
TaxTMI 
2019 (5) TMI 1096
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....t is entitle for interest amounting to Rs. 6,84,274/- on delayed refund of interest? 3. The brief facts of the instant Appeal in brief is as follows: 3.1 This case had undergone various rounds of litigation. The Appellants filed their refund claim with the department in the months of March/April, 2002. Although the refund claim was allowed by the Adjudicating Authority on 31.07.2003 but the same was credited to the Consumer Welfare Fund on the ground of unjust enrichment. That dispute ultimately landed in the Tribunal and Tribunal vide order dated 02.05.2012 remanded the matter for denovo adjudication on the issue of unjust enrichment. The Adjudicating Authority vide order dated 02.08.2012 sanctioned the refund as claimed by the Appel....
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.... have heard learned counsel for the Appellant and learned Authorised Representative for the Revenue and perused the records of the Appeal. 5. According to learned counsel for the Appellant, the interest of Rs. 39,01,279/- became due on 02.08.2012 and since the amount of interest was received by the Appellant on 16.07.2015, therefore the revenue has withheld the refund of interest without any authority of law due to which the appellant had to incur expenses in an avoidable litigation for not getting its legitimate dues and therefore the Appellant is entitled for interest of Rs. 6,84,274/-. In support of his submissions the learned counsel relied upon the following decisions:- (i) CIT vs. Narendra Doshi; (2002) 254 ITR 606 (SC), ....
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....t attained finality. When it was pointed out to the learned Authorised Representative as to where the decision of the Tribunal was challenged and what is the Appeal Number and what is the stage of the matter, he failed to give any satisfactory reply. He only submitted that the Appeal is pending before the Hon'ble High Court and that he does not know the Appeal Number and the stage of the matter. In the present Appeal, the appellant is claiming interest for the period during which the revenue withheld their legitimate interest claim of Rs. 39,01,279/- without any authority of law. It is not disputed that the refund claim was filed in the year 2002, which was sanctioned in the year 2012 for which the appellant earned the interest of Rs. 39,01....
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.... allowing the Appeal filed by the assessee, has held as under:- "3. The issue is no longer res integra and the Larger Bench of the Tribunal in the case of Indian Thermoplastics (P) Ltd. Vs. C.C., Kolkata 2004 (164) E.L.T. 156 (Tri. - L.B.) have clearly held that interest is required to be paid from the date of expiry of three months from the date of receipt of Final Order of the Tribunal till the date of payment. In this case, the appellant's contention s that they are eligible for interest from three months from the date they becoming eligible for refund, as already calculated and paid to them. Appellants have also relied on high Court of Judicature for Rajasthan's judgment (rendered in the case of J.K. Cement Works V. ACC - 2004 ....