Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/Case Law/2014-15/2193

Availment of interest on delayed refund.

Case:-  STATE BANK OF INDIA V/S COMMMISSIONER OF SERVICE TAX, MUMBAI-I
 
Citation:- 2014 (34) S.T.R. 579 (Tri. – Mumbai)
 
Brief facts:- Briefly stated the facts were that the appellants were engaged in providing banking and other financial services and was also engaged in the business of purchase and sale of foreign exchange and having service tax registration no. AAACS8577KSTET1. They filed refund claim on 4-3-2009 amounting to Rs. 2,79,72,197/- on the ground of excess payment of service tax for the month of June, 2008. The lower authority returned the refund application with deficiency in it. The appellant after removing the deficiency re-submitted the refund claim on 26-3-2009. The lower adjudicating authority rejected the refund claim filed by the appellant. The appellant challenged the order before the Commissioner (Appeals). The Commissioner (Appeals) vides Order no. V2(A)/STC/312/2009, dated 30-3-2010 allowed the refund claim. Thereafter the appellant filed a claim for interest. The lower adjudicating authority vide order dated 20-7-2010 rejected the claim. Aggrieved by the same, the appellant filed appeal before the Commissioner Appeals) who vide his order dated 18-7-2012 rejected their appeal. Hence this appeal.
 
Appellant’s contentions:-The contention of the appellant was that they have filed the refund claim on 4-3-2009 and refund was finally sanctioned by the Commissioner (Appeals)vide his order dated 30-3-2010. Therefore, as per the provisions of section 11BB of the Central Excise Act, 1944 they were entitled for interest till receipt of the refund on 6-7-2010. In support of their contention, they have relied upon the decision of the Hon’ble Supreme Court in the case of Ranbaxy Laboratories Ltd. V. Union of India reported in 2011 (273) E.L.T. (S.C.) = 2012 (27) S.T.R. 193 (S.C.) and also the Hon’ble    Bombay High Court’s decision in the case of union of India through Maritime Commissioner of Central Excise v. Jindal Drugs Ltd. – 2012 (190) E.C.R 3 (Bombay).
 
Respondent’s contentions:- The learned Additional Commissioner (AR) reiterated the findings of the learned Commissioner (Appeals). However, he contended that the deficiency memo was issued to the appellant and they have removed the defects only on 26-3-2009.
 
Reasoning of judgment:- We have carefully considered the submissions and perused the records. The appellant was heavily relying upon section 11BB of the Central Excise Act, 1944, which reads as under:
SECTION 11BB. Interest on delayed refunds.-If any ordered to be refunded under sub-section (2) of section 11B to any applicant was not refunded within three months from the date of receipt of application under sub-section (1) of that section, there shall be paid to that appellant interest as such rate, not below five percent and not exceeding thirty percent per annum as was for the time being fixed by the Central Government, by notification in the Official Gazette, on such duty from the date immediately after the expiry of three months from the date of receipt of such application till the date of refund of such duty:
Provided that where any 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, was not refunded within three months from such date, there shall be paid to the application 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 was made by the Commissioner (Appeals), Appellant Tribunal, National Tax Tribunal or any court against an order of  the Assistant of Central Excise or Deputy Commissioner of Central Excise, under sub-section (2) of the section 11BB, the order passed by the Commissioner (Appeals), Appellate Tribunal, National Tax Tribunal or, as the case may be , by the court shall be deemed to be an order passed under the said sub-section (2) for the purpose of this section.
The tribunal found that the appellant filed the refund claim for the service tax paid in excess. This fact was not in dispute. Therefore, as per the provisions of section 11B of the Central Excise Act, 1944 they were entitled for the interest from three months after the date of filing of the refund claim till the receipt of the refund. The appellant relied upon the decision of the Hon’ble Supreme Court in the case of Ranbaxy Pharmaceuticals (supra). Para 15 of the said decision reads as under:
“15. In view of the above analysis, our answer to the question formulated in para (1) supara was that the liability of the revenue to pay interest under section 11BB of the Act commences from the date of expiry of three months from the date of receipt of application for refund under section 11B(1) of the act and not on the expiry of the said period from the date on which order of refund was made.”
However, we find that the appellants were issued deficiency memo since they have not filed the refund claim after removing the deficiency in all respects and they have filed refund claim after removing the deficiency in all respects only on 26-3-2009. This fact was also not in dispute. Therefore, the interest on the refund will commence three months after the date of removal of deficiency in the claim i.e. from 26-3-2009 till the date of receipt of the refund.  
  
Decision:- The appeal was allowed.
 
Comment:- the analogy of the present case was that it was well settled that the assessee was entitled to recieveinterest under section 11BB of the Act commences from the date of expiry of three months from the date of receipt of application for refund under section 11B(1) of the act and not on the expiry of the said period from the date on which order of refund was made.”  It was worth noting that in case the assessee had been issued a deficiency memo, the relevant date for grant of interest shall be 3 months after the date of removal of deficiency in the claim.
 
Prepared by:- Monika Tak

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com