TaxTMI 
TaxTMI 
2019 (8) TMI 251
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....llants have been denied interest on the said amount. 2. It transpires from the records that M/s L.G. Electronics India Pvt. Ltd. which is the appellant in all the three Appeals is registered with Central Excise Department and is engaged in the manufacture of Air-conditioners, Colour T.V., Personal Computers, Monitor and other like products. These products were supplied under a provisional assessment carried out under Rule 7 (5) of the Central Excise Rules, 2002 (hereinafter referred as the Rules) as it was unable to determine the actual transaction value of the said goods under Section 4 of the Central Excise Act, 1944 (hereinafter referred as the Act) at the time of clearance from the factory. The Department issued orders for assessment ....
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.... 2019]. 5. Learned Authorized Representative of the Department, however, supported the impugned order and submitted that the appellant was not entitled for payment of interest. 6. The submissions advanced by learned Counsel for the appellant and the learned Authorized Representative of the Department have been considered. 7. The dispute in the present appeal is not regarding the entitlement of the appellant for refund since the Appellate Authority has held that the appellant is entitled to refund. The dispute in the present appeal is only with regard to payment of interest under Rule 7(5) of the Rules on this amount of refund. 8. To appreciate the contention of the appellant it will be useful to refer Rule 7(5) of the Rules, which is....
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....A) as the applicant may furnish to establish that the amount of duty of excise and interest, if any, paid on such duty in relation to which such refund is claimed was collected from, or paid by, him and the incidence of such duty and interest, if any, paid on such duty had not been passed on by him to any other person." Further I observe that the relevant date defined under section 11B in the case of provisional assessment is the date of adjustment of duty after the final assessment thereof. From the above, it is evident that any person can claim the refund of excess paid duty within one year from the date of adjustment of duty after the final assessment. Further the grant of interest on delayed refund is governed by the provisions of Secti....
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....d is governed by the provisions of the section 11BB of the Act which provides that if any duty to be refunded under sub-section (2) of section 11B is not refunded within three months from the date of receipt of the application under sub-section (1), there shall be paid to the applicant interest as is fixed by the Central Government by Notification in the official gazette; and (iii) A coherent reading of the provisions of Rule 7(5) read with section 11B and section 11BB of the Act makes it clear that all refund are subject to the provisions of section 11B of the Act and grant of interest is subject to the provisions of section 11BB of the Act. 12. These observations of the Commissioner (Appeals) are not in conformity with the provisions ....
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.... below:- "Notification: 67/2003-C.E.(N.T.) dated 12-Sep-2003 In exercise of the powers conferred by section 11BB of the Central Excise Act, 1944 (1 of 1944) and in suppression of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.17/2002-Central Excise (N.T.), dated the 13th May, 2002 [GSR 353(E), dated the 13th May, 2002], except as respect things done or omitted to be done before such suppression, the Central Government hereby fixes the rate of interest at six percent per annum for the purpose of the said section." 14. Thus, the appellant was entitled for payment of interest at the rate specified in the notification. The view that has been taken finds support from the decision of a Di....