TaxTMI 
TaxTMI 
2023 (1) TMI 1387
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....ed cenvat credit under Rule 5 of the CENVAT Credit Rules, 2004 read with Notification No.27/2012-CE(NT) dt. 18/06/2012 for the period from January 2014 to September, 2015. The said claims were adjudicated by the adjudicating authority observing that the clearances were made to 100% EOU being deemed export; hence cash refund cannot be held admissible under Rule 5 of the CCR, 2004. Aggrieved by the said order, the appellant filed appeal before the learned Commissioner(Appeals) who, in turn, allowed their appeal partially to the extent of observing that cash refund of accumulated cenvat credit on account of deemed export was admissible till 1st March 2015 and consequently remanded the matter for de-novo consideration. The appellant, thereafter....
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....efund of cenvat credit accumulated due to deemed export, were not admissible. On appeal, they succeeded in getting the order in their favour till 28/02/2015 and cash refunds against accumulated cenvat credit for clearances to 100% EOU be held admissible. He submitted that consequent to the said direction, interest under Section 11BB of Central Excise Act, 1944 is attracted in view of the judgment of the Hon'ble Supreme Court in the case of Ranbaxy Laboratories Vs. UOI [2012(27) STR 193 (SC)] which was latter followed by the Hon'ble Supreme Court in the case of UOI Vs. Hamdard (Waqf) Laboratories [2017(51) STR 214 (SC)] and in the case of Manish Pharmo Plast Pvt. Ltd. Vs. UOI [2020(374) ELT 145 (SC)]. 4. Per contra, the learned AR for the....
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....d of three months from the date of receipt of the application. The Explanation appearing below Proviso to Section 11BB introduces a deeming fiction that where the order for refund of duty 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 ....
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....ich now governs the question relating to payment of interest on belated payment of interest, makes it clear that relevant date for the purpose of determining the liability to pay interest is not the determination under subsection (2) of Section 11B to refund the amount to the applicant and not to be transferred to the Consumer Welfare Fund but the relevant date is to be determined with reference to date of application laying claim to refund. The non-payment of refund to the applicant claimant within three months from the date of such application or in the case governed by proviso to Section 11BB, non-payment within three months from the date of the commencement of Section 11BB brings in the starting point of liability to pay interest, notwi....