Date: |
02-06-1998
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Notification No: |
Central Excise Circular No 398/1998
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Issuing Authority: |
Central Excise
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Type: |
Circular
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File No: |
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Subject: |
Regarding Central Excise - Expeditious disposal of refund/ rebate claims
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Regarding Central Excise - Expeditious disposal of refund/ rebate claims
Circular
No. 398
dated 2nd June 1998
I
am directed to say that it has been observed by the Board that there is
considerable delay in disposal of refund/ rebate claims. You may recall that the
provisions have been made in the Central Excise Act, 1944 to grant interest if
the refund claim is not sanctioned within 3 months from the date of receipt of
the application. In view of this, it is absolutely necessary that the refund
claims should be disposed of within three months.
2.
In this regard, the Board's directions are as follows:
(a)
responsibility should be fixed for not disposing of the refund/ rebate
claims within 3 months from the dated to receipt of application.
(b)
no refund/ rebate claim should be withheld on the ground that an appeal
has been filed against the order giving the relief, unless stay order has been
obtained. It would be the responsibility of the concerned Commissioner to obtain
stay order expeditiously where the orders passed by Commissioner (Appeals) or
CEGAT suffer from serious infirmities and it involves grant of heavy refunds.
(c)
no refund or rebate claim should be withheld on the ground of
augmentation of revenue in order to achieve the targets.
3.
It should be ensured that the Board's aforesaid directions are followed
scrupulously by all officers.
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