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TMI Blog2010 (3) TMI 464X X X X Extracts X X X X X X X X Extracts X X X X ..... d an of fence case was registered against them for clandestine manufacture and removal of yarn without payment of duty. After receipt of show cause notice, appellants moved an application before the Settlement Commission for settlement and as per the admission order, they paid an amount of Rs. 15,00,000/-. Subsequently, both the appellants decided not to get the matter settled and instead opted up date for adjudication by the appropriate authority of the department. Accordingly, the Settlement Commission sent back both the cases to the Original Adjudicating Authority vide order dated 12-12-2005. Subsequently, the demands against both the appellants were dropped vide Commissioner's order dated 10-2-2006 and the refund of the deposit was made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner deciding the issue finally in favour of the appellants. 4. No one has appeared on behalf of both the appellants. However, identical written submissions have been made by both the appellants. In the written submissions appellants have relied upon the decision of the Hon'ble Mumbai High Court in the case of Nelco Limited [2002 (144) E.L.T. 56 (Bom.)]. which has attained finality after affirmation by the Hon'ble Supreme Court as reported in 2002 (144) E.L.T. A104 (S.C.). It was also submitted that the refund claim has been rejected on the ground that the amount deposited before Settlement Commission. was not a deposit but was duty and therefore question of interest does not arise. It was also submitted that the lower authorities had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... find no merit in the appeals filed by both the appellants. Hon'ble Supreme Court in the case of I.T.C. Ltd. had observed with regard to S.L.P. (C) No. 10417/2002 [2005 (179) E.L.T. 15 (S.C.)] "the appeal is disposed of by modifying the order impugned and directing payment of interest on the pre-deposit commencing from three months after the final disposal of the dispute between the parties on merits in terms of the draft circular. The draft circular was finally issued as a circular on 8-12-04 and therefore the decision of the lower authorities is as per settled legal position Since the decision has been taken as per the law settled by the Supreme Court, we do not find any merit in the appeals and accordingly both the appeals are rejected. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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