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TMI Blog2008 (7) TMI 536X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri V.J. Sankaram, Advocate, for the Appellant. Shri K. Sambi Reddi, JDR, for the Respondent. [Order per : S.L. Peeran, Member (J) (Oral)]. - This appeal arises from Order-in-Appeal No. 1/2006 C.E. dated 30-1-2006 by which the Commissioner (A) has restricted the rate of interest to be calculated at 15% per annum as notified under Section 11BB of the Central Excise Act. This case has a checkered career. Earlier, the assessee had claimed the refund claim along with interest and had filed their plea before the Commissioner. The issue was decided against the assessee ultimately culminating in Order-in-Appeal No. 49/2005 dated 28-2-2005. This was appealed before the Tribunal and the Tribunal by Final Order No. 1798/2006 dated 18-10- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he interest has already been paid to them at 24% and therefore, the appeal is required to be allowed. 2. The learned JDR submits that when the Hon'ble Andhra Pradesh High Court took up the matter for the first instance in Writ Petition No. 25233/98 which was disposed of on 13-4-2004 they had extracted the provisions of Section 11B which clearly noted that the rate of interest should be fixed as per the Central Excise Notification in the Official Gazette when they allowed the writ petition with interest. It also followed that the rate of interest would be as per the Notification and not as per the rate of interest at 24% as claimed by the appellants. The judgment of Hon'ble High Court of Andhra Pradesh should be understood in that term. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 18-10-2006 wherein the interest was computed at 24% to the extent of Rs. 99,40,978/-. This was directed to be paid to the appellants. This order was upheld by the Hon'ble Andhra Pradesh High Court in Civil Appeal No. 68/2007 dated 26-11-2007. The Commissioner (A) now cannot raise the ground that the rate of interest prevailing in terms of the Official Notification in the Official Gazette was 15%. It is too old in the day to raise the issue now. The matter should have been agitated before the Hon'ble Andhra Pradesh High Court with regard to the specific rate of interest, which has not been done. Therefore, the Hon'ble Andhra Pradesh High Court accepted the assessee's plea for payment of interest at the rate of 24% as claimed. This has be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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