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BHARGAV D. KARIA, D. N. RAY
Ratnamani Metals And Tubes Ltd – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)
1. Heard learned advocate Mr. Rahul Gajera for the petitioner and learned advocate Mr. Hirak Shah for learned Senior Standing Counsel Mr. Nikunt Raval for the respondent. Rule returnable forthwith, learned advocate Mr. Hirak Shah waives noticeof Rule on behalf of the respondents.
2. Having regard to the controversy involved in this petition in narrow compass with the consent of the learned advocates for the respective parties, the matter is taken up for hearing.
3. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following relief:
Interest on delayed refunds under Section 11BB of the Central Excise Act is payable only after three months from the date of receipt of the refund application, not from the date of deposit.
Appellant entitled to interest on delayed refund as per Sections 11B and 11BB of the Central Excise Act, which specifically governs the timing and rate of interest applicable.
The requirement of a formal application for refund under Section 11B of the Central Excise Act, 1944, is a statutory mandate, and interest on a delayed refund is payable from the date of receipt of s....
Appellants are entitled to 12% interest on delayed rebate claims per Section 11BB of the Central Excise Act, 1944 due to inordinate delay.
The main legal point established in the judgment is that interest on delayed refunds is a statutory liability under Section 11BB of the Central Excise Act, 1944, and becomes payable if the duty order....
Section 11BB does not speak about or exempts any delay which is not intentional. The section does not distinguish delay which is intentional and delay which is unintentional. Once there is delay in p....
The court ruled that interest is payable on delayed refund of pre-deposit after three months from the application date, as pre-deposits do not equate to duty or penalty payments.
Interest on delayed refunds under the CGST Act is automatic and obligatory, reinforcing the beneficial nature of the legislation.
There is always peril in treating the words of a speech or judgment as though they are words in a legislative enactment, and it is to be remembered that judicial utterances made in the setting of the....
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