9911796707
TMI Blog2003 (11) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : Justice K.K. Usha, President]. The issue raised in these appeals at the instance of the assessee challenging the orders passed by the Commissioner (Appeals), dated 4-1-2003 is whether the appellant is entitled to interest on the delayed refund of pre-deposit made by it. Relevant facts are as follows : Appeal No. E/448/2002 : The duty demand against the appellant which was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,00,00,000/- on 22-7-97. Final order Nos. 2635 to 2645, dated 22-12-98 was passed setting aside the duty demand. Assessee made an application for refund on 12-1-99. Refund was granted on 15-7-99. Interest under Section 11BB was claimed on 27-7-99 which was rejected both by the original authority as well as the appellate authority. The assessee claims interest for a period of 204 days i.e. from 23- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her hand, would submit that even in the case of pre-deposit the assessee is entitled to interest of delayed payment. Reliance was placed on the decision of Madras High Court in CCE v. Calcutta Chemical Co. Ltd. - 2001 (133) E.L.T. 278 (Mad.). Reliance was also placed on the following decisions of this Tribunal :- (1) CCE, Mumbai v. Reliance Industries Ltd. - 2003 (152) E.L.T. 379 (T) (2) Bhara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CCE, Calcutta - 2003 (153) E.L.T. 290 (Cal.) and an earlier decision of the Hon ble Supreme Court in Kuil Fireworks Industries v. CCE - 1997 (95) E.L.T. 3 (S.C.) the Bench took the view that the assessee is entitled to claim interest on delayed refund of pre-deposit. The Revenue was directed to pay interest at the rate of 12% from the date of expiry of three months from the date of receipt of copy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the provisions contained under Section 11BB. In the present case the appellant has also placed reliance on the provisions contained under Section 11BB. Even though Section 11BB as such is not directly applicable, as contended by the Revenue, the principles contained therein could very well be applied. In the present appeals, we find that the appellants had submitted applications for refund on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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