Section 1
[11-BB. Interest on delayed refunds . — If any duty ordered to be refunded under sub-section (2) of Section 11 -B 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, 2 [not below five per cent and not exceeding thirty per cent per annum as is for the time being fixed 3 [by the Central Government, by notification in the Official Gazette,]] on such duty from the date immediately after the expiry of three months from the date of receipt of such application till the date of refund of such duty:
1 [11-BB. Interest on delayed refunds . — If any duty ordered to be refunded under sub-section (2) of Section 11 -B 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, 2 [not below five per cent and not exceeding thirty per cent per annum as is for the time being fixed 3 [by the Central Government, by notification in the Official Gazette,]] on such duty from the date immediately after the expiry of three months from the date of receipt of such application till the date of refund of such duty:
Provided that where any duty ordered to be refunded under sub-section (2) of Section 11-B 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 date immediately after three months from such date, till the date of refund of such duty.
Explanation . — Where any order of refund is made by the Commissioner (Appeals), Appellate Tribunal 4 [National Tax Tribunal] or any court against an order of the Assistant 5 [Principal Commissioner of Central Excise or Commissioner of Central Excise] 6 [or Deputy 5 [Principal Commissioner of Central Excise or Commissioner of Central Excise]], under sub-section (2) of Section 11-B, the order passed by the Commissioner (Appeals), Appellate Tribunal 4 [, National Tax 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.]
7
[11C. Power not to recover duty of excise not levied or short-levied as a result of general practice . — 8 [(1)] Notwithstanding anything contained in this Act, if the Central Government is satisfied—
(a) that a practice was, or is, generally prevalent regarding levy of duty of excise (including nonlevy thereof) on any excisable goods; and
(b) that such goods were, or are, liable—
(i) to duty of excise, in cases where according to the said practice the duty was not, or is not being, levied, or
(ii) to a higher amount of duty of excise than what was, or is being, levied, according to the said practice, then, the Central Government may, by notification in the Official Gazette direct that the whole of the duty of excise payable on such goods, or, as the case may be, the duty of excise in excess of that payable