2018 (11) TMI 1520 – CESTAT HYDERABAD – TMI – Interest on the amount of refund already sanctioned – Section 11BB of the Central Excise Act, 1944 – period 01.09.2004 to 31.03.2008 – Held that:- It is a settled position of law that interest under Sec. 11BB should be allowed to the assessee whenever there is delay in sanctioning the refund beyond the period of three months from the date of filing of the application for refund – the interest amount may be recalculated at the appropriate rates and the interest should be granted to the appellant forthwith.
–
Refund of Service Tax with Interest – period involved is from 01.09.2004 to 30.09.2007 – Time limitation – Held that:- The period between 01.06.2007 to 30.09.2007 falls beyond the period
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
the appellant is engaged in the activity of civil construction and electrical installation works. They have entered into contracts with their clients which are composite in nature i.e., supply of both material and labour. They were registered with the service tax department since April, 2007 under the category of commercial or industrial construction services , erection, commissioning and installation services , maintenance or repair services . Both the appeals are being disposed of together by this common order. 3. (i) ST/30777/2018: This appeal relates to claim of interest on the amount of refund already sanctioned in terms of Sec. 11BB of the Central Excise Act, 1944. The period involved is from 01.09.2004 to 31.03.2008. (ii) ST/30778/20
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
the refund beyond the period of three months from the date of filing of the application for refund. It is therefore observed that the interest amount may be recalculated at the appropriate rates and the interest should be granted to the appellant forthwith. 5. As far as Appeal No.ST/30778/2018 is concerned, it is a well settled position of law that the demand confirmed beyond the time limit i.e., 1/5 years, as the case may be, such demands cannot be sustained. In the present case, the period between 01.06.2007 to 30.09.2007 falls beyond the period of limitation of one year and accordingly the service tax paid during that period is refundable. The demand of ₹ 2,95,001/- pertaining to period 01.06.2007 to 30.09.2007 on limitation was se
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =