Eximkey - India Export Import Policy 2004 2013 Exim Policy

SECTION 11BB

- If any duty ordered to be refunded under sub-section (2) of section 11B to any applicant is 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 applicant interest at such rate, * not below five percent and not exceeding thirty per cent per annum as is for the time being fixed by the Central Government, by notification in the official gazette, on such duty from the date of receipts of such application till the date of refund of such duty :

( * Rate of interest has been changed from ten percent to five percent wef 01/03/2001 )

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, is not refunded within three months from such date, there shall be paid to the applicant interest under this section from the duty immediately after three months from such date of refund of such duty.

Explanation. Where any order of refund is made by the Commissioner (Appeals), Appellate Tribunal or any court against an order of the Assistant Commissioner of Central Excise or Deputy Cornmissioner of Central Excise, under sub-section (2) of section 11B, the order passed by the Commissioner (Appeals), Appellate 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 purposes of this section.

(Fixes the rate of interest at six percent per annum for this section - NTF. NO. 67/2003-CE(N.T.), DT. 12/09/2003)

(Please refer NTF.NO.17/2002-CE(N.T.),DT. 13/05/2002)

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