2019 (6) TMI 1142

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....ppeal under Section 35G of the Central Excise Act, 1944 (Act) challenges the order dated 27th November, 2017 passed by the Custom, Excise and Service Tax Appellate Tribunal (Tribunal). 2. The Revenue has urged the only following question of law for our consideration : (a) Whether the Tribunal was right in allowing the interest on refund sanctioned when the original issue is pending for decision....

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.... assessment for the period 10th August, 1998 to 31st October, 1998. The assessment was finalized on 17th December, 1998 accepting the stand of the respondent that valuation of cosmetic shampoo is to be on transaction basis under Section 4 of the Act. This lead to the respondent being entitled to refund of Rs. 49.17 lakhs. 4. In the above view, on 18th January, 1999 the respondent filed its applic....

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....t rejected the claim for interest. Finally, on the appeal of the respondent reaching the Tribunal, the impugned order dated 27th November, 2017 held that the respondent is entitled to interest as claimed from 18th April, 1999 i.e. 3 months after the date of refund application i.e. 18th January, 1999 till the grant of refund of Rs. 49.17 lakhs on 20th September, 2012. This by following the decision....

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....sequent to the order dated 24th March, 2011 of the Gujarat High Court is pending consideration before the Hon'ble Supreme Court. Therefore, in these facts, the grant of interest could await the final decision of the Apex Court on the entitlement of the respondent to the principal amount itself. 7. It is an undisputed position that the refund has to be granted under Section 11BB of the Act wit....