Criteria for interest on delayed payment of refund u/s 11BB of the Central Excise Act, 1944

Last updated: 01 June 2021
Quick Summary
This judgement concerns Qualcomm India Private Limited's claim for interest on delayed service tax refunds. The company sought interest on unutilised CENVAT credit for exported services, arguing it was due after three months from the refund application date under Section 11BB of the Central Excise Act. The Bombay High Court considered the criteria for granting such interest when refunds are not processed promptly.

Court :
Bombay High Court

Brief :
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.

Citation :
WRIT PETITION NO.1775 OF 2020

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1 Year PLAN
1999
(Excl. of GST ₹359)

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3499
(Excl. of GST ₹629)

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999
(Excl. of GST ₹179)

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