Back
AJAY TEWARI, PANKAJ JAIN
Commissioner Of Central Excise, Panchkula – Appellant
Versus
M/s Riba Textiles Limited – Respondent
ORDER
Pankaj Jain, J. - This appeal has been filed against the order passed by Customs, Excise & Services Tax Appellate Tribunal, Chandigarh whereby the respondent has been held to be entitled for interest of refund from the date of deposit and the order whereby the application for rectification of mistake filed by the appellant has been dismissed.
2. The respondent/Assessee having its registered office at Sonepat had applied for central excise duty along with interest before the Deputy Commissioner, Central Excise, Division Panipat. The Deputy Commissioner, Central Excise, Division Panipat vide order dated 21st June, 2017 allowed and sanctioned refund of Rs.54.00 lacs to the Assessee however claim w.r.t. interest was rejected.
3. The respondent/Assessee challenged the said order qua rejection of interest in appeal before the Commissioner of Central Excise(Appeals), Panchkula which was also dismissed vide order dated 18th January, 2018. The Assessee took the matter in appeal before CESTAT, Chandigarh. CESTAT vide order dated 7th January, 2020 held the Assessee entitled for interest on delayed refund from the date of deposit till its realization thereof. The Assessee approached the aut
The claim for refund falls under the existing law, i.e., the Central Excise Act, 1944, and not the provisions of the CGST Act. The court also relied on the law laid down by the Supreme Court in Sandv....
Appellants are entitled to 12% interest on delayed rebate claims per Section 11BB of the Central Excise Act, 1944 due to inordinate delay.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
