2008 (8) TMI 338 - AT - Central Excise

Refund - Interest non claim of Commissioner (Appeals) has rejected the interest amount by observing that the issue of interest was not taken up by assessee at original stage and appeal is not maintainable held that - The above view of Commissioner (Appeals) is not correct in as much as it is well settled law that interest is an appendix to the principle amount and is required to be given in terms of provisions of Section 11AB, without any claim having been made to that extent matter remanded for quantification.

Summary

The appellate tribunal remanded the case to the original adjudicating authority for quantification of interest on a refund claimed by the appellant. The Commissioner's rejection of interest was deemed incorrect as interest is required to be given in accordance with the law. The appeal was allowed for remand.