2023 (2) TMI 69

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....mits that the learned Commissioner (Appeals) has taken the date of refund application as a letter dated 22.02.2022 submitted for refund of service tax and applicable interest whereas, the refund application was filed on 13.06.2011 which was rejected and the matter travelled up to this tribunal. The Tribunal vide order No. A/12474/2021 dated 07.10.2021 on the very refund matter allowed the appeal accordingly, the refund was sanctioned which was filed way back on 13.06.2011. He submits that it is settled law that the interest shall be payable after three months from the date of filing of refund application. Therefore for the appellant is legally entitled for the interest after expiry of three months from the date of filing refund claim which ....

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....after the tribunal's order vide letter dated 22.02.2022 therefore, the refund was sanctioned within three months from that date. The learned Commissioner (Appeals) also interpreted the provision of Section 11BB of the Central Excise Act, 1944 and the circulars in this context. After consideration of the finding of the learned Commissioner (Appeals). We find that the learned Commissioner (Appeals) has gravely erred in misinterpreting the overall provision and clarification of board circular. The provision of Section 11BB is very clear, according to which the claimant shall be entitled for the interest after expiry of three months from the date of refund application. In the present case, the refund application was admittedly filed on 13.06.20....

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....is not made by the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise but by an Appellate Authority or the Court, then for the purpose of this Section the order made by such higher Appellate Authority or by the Court shall be deemed to be an order made under sub-section (2) of Section 11B of the Act. It is clear that the Explanation has nothing to do with the postponement of the date from which interest becomes payable under Section 11BB of the Act. Manifestly, interest under Section 11BB of the Act becomes payable, if on an expiry of a period of three months from the date of receipt of the application for refund, the amount claimed is still not refunded. Thus, the only interpretation of Section 11BB that can ....