2005 (7) TMI 107

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....etitioner, on the amount of Rs. 3,74,00,000/- sanctioned to it, with effect from 25-11-1999, at such rate as it deems fit and proper in the interests of justice, (ii) to grant costs of this Writ Petition to the petitioner herein, and (iii) to pass such other order or orders as may be deemed fit and proper in the interest of justice." 2. Briefly stated the facts giving rise to the present writ petition are as follows : The petitioner is a Wakf and is engaged in the business of manufacture and sale of various items including Rooh Afza which is non-sweetened alcoholic beverage and has been classified by it under the sub-heading 2201.90 of the Schedule to the Central Excise Tariff Act, 1986 (hereinafter referred to as "the Tariff Act") T....

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....haziabad had sanctioned a refund of Rs. 3,74,00,000/-. A cheque No. 639866, dated 15th November, 2000 payable to Punjab National Bank, Navyugh Market, Ghaziabad was also issued for the settlement of the above refund which the petitioner had accepted. However, the petitioner by means of the present writ petition is claiming interest on the delayed refund in terms of Section 11BB of the Central Excise Act, 1944 (hereinafter referred to as "the Act"). 3. We have heard Sri. C. Hari Shanker, learned Counsel assisted by Sri Anil Sharma on behalf of the petitioner and Sri A.K. Rai, learned Standing Counsel appearing on behalf of the respondents. 4. Learned Counsel for the petitioner submitted that if the duty is not refunded within three months ....

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....ny duty ordered to be refunded under sub-section (2) of Section 11B in respect of an application under sub-section (1) of that section made before the date on which the Finance Bill, 1995 receives the assent of the President, is not refunded within three months from such date, there shall be paid to the applicant interest under this section from the date immediately after three months from such date, till the date of refund of such duty. Explanation. - Where any order of refund is made by the Commissioner (Appeals), Appellate Tribunal or any Court against an order of the Assistant Commissioner of Central Excise, under sub-section (2) of Section 11B, the order passed by the Commissioner (Appeals), Appellate Tribunal or, as the case may be,....