2007 (9) TMI 490 - AT - Central Excise

Summary

Issues Involved: Appeal against order directing interest payment u/s 11BB of Central Excise Act, 1944.

Issue 1: Modvat credit disallowance and interest payment

The Revenue appealed against the Commissioner (Appeals) order directing interest payment to the respondents from the date of the Tribunal's order. The case involved disallowance of Modvat credit and subsequent refund claims. The Dy. Commissioner disallowed the credit, imposed penalties, and allowed refund claims which were adjusted against the demand. The Commissioner (Appeals) set aside the initial adjudication order, leading to further refund claims. The Hon'ble High Court directed the Revenue to refund the amount with interest u/s 11BB of the Central Excise Act. The Dy. Commissioner ordered the refund and interest payment, considering the relevant date from the Tribunal's order. The Commissioner (Appeals) held that interest should be paid from the date of the Tribunal's order.

Issue 2: Arguments of the parties

The Revenue argued that interest should be paid after three months of the Tribunal's order as per Section 11BB of the Central Excise Act. They cited a decision from the Hon'ble High Court of Calcutta, which they believed was not applicable. The respondent's advocate contended that interest should be paid after three months from the refund application filing date, citing various Tribunal decisions. The Commissioner (Appeals) order for interest from the Tribunal's order date was not challenged by the respondent. The Larger Bench decision of the Tribunal in Indian Thermoplastics (P) Ltd. supported payment of interest after three months from the final order date.

Issue 3: Decision and reasoning

After considering the arguments, it was found that the Commissioner (Appeals) correctly directed interest payment from the Tribunal's order date. The Tribunal's decision settled the issue, entitling the respondent to interest after three months from the Tribunal's order. The adjudication order by the Dy. Commissioner was deemed correct. The respondent's reliance on other Tribunal decisions was deemed inapplicable, as the present case was distinct. The Commissioner (Appeals) order was set aside, and the adjudication order was upheld, allowing the Revenue's appeal.

This judgment clarifies the timeline for interest payment u/s 11BB of the Central Excise Act, 1944 in the context of Modvat credit disallowance and subsequent refund claims, emphasizing the significance of the Tribunal's final order date in determining the entitlement to interest.