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1 - 4 of 4 (0.25 seconds)Section 11B in The Customs Act, 1962 [Entire Act]
Ajmera Hng.Corp.& Anr.Etc.Etc vs Commissioner Of Income Tax on 20 August, 2010
4|Page C/10471/2020 -SM
It makes it clear when even read with Section 11BB of Central Excise Act
that for the payment of interest after three months from the date of
receipt of refund application, the applicant shall be entitled for the
interest at the rate as prescribed. The provision is nowhere expressing
about "application" to be called so only in case it is supported by the
requisite documents. The law has been settled that the fiscal legislation
has to be construed strictly and one has to look merely at what is said in
the relevant provision. There is nothing to be read in or nothing to be
implied and there is no room for any intentment as it was held by
Hon'ble Apex Court in the case Ajmera Housing Corporation and Other v.
Commissioner of Income Tax, 2010 (8) SCC 739. If at this stage, the
plea of Department is looked into still the deficiency of application does
not entitle the Department to get an extension of the period of 3 months
as has been statutorily provided. Further, there is a Notification as
impressed upon by the appellant. Perusal thereof shows that it is a
clarificatory decision specifically with respect to the refund of pre-deposit
requiring such pre-deposits to be made within three months from the
date of the Tribunal Orders. As mentioned in para 4 of the Circular, the
word used therein is that such pre-deposit must be returned within three
months rather from the date of the Order passed by the appellate
Tribunal. The date of the said Order is 24-1-2017. The Department was
well representing before the Tribunal for the said Appeal.
Section 27 in The Customs Act, 1962 [Entire Act]
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