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2021 Supreme(Bom) 233

UJJAL BHUYAN, MILIND N.JADHAV
Qualcomm India Private Limited – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Prakash Shah, Mr. Arun Jain, Mr. Jas Sanghvi.
For the Respondents: Mr. Sham Walve, Mr. Ram Ochani.

JUDGMENT :

UJJAL BHUYAN, J.

1. By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to forthwith grant and sanction interest on the refund amount after expiry of three months from the respective dates of application till the date of actual refund under section 11BB of the Central Excise Act, 1944 read with section 83 of the Finance Act, 1994.

2. We have heard Mr. Prakash Shah, learned counsel for the petitioner and Mr. Sham Walve along with Mr. Ram Ochani, learned counsel for the respondents.

3. Petitioner is a company incorporated under the Companies Act, 1956 having its registered office at Bandra Kurla Complex, Mumbai. Petitioner is engaged in the business of providing support services primarily to its foreign affiliates within the meaning of Chapter V of the Finance Act, 1994.

4. In order to provide such services, petitioner receives various input services and avails credit for service tax paid thereon under rule 3 of the CENVAT Credit Rules, 2004 (“CENVAT Credit Rules” hereinafter). It is stated that services pr

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