2005 (7) TMI 433

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..... for the Respondent. [Order per : S.S. Sekhon, Member (T)]. - Revenue is in appeal. 2. After hearing both sides and considering the issue, it is found : (a)     Commissioner of Central Excise (Appeals), vide an order dated 16-3-2001, granted refund on an appeal preferred by the Respondents herein. (b)     Refund amounts were paid. However, the cla .....

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..... ion of ethics of payment of interest when the delay was caused due to uncertainty of the issue on merits which was determined later by the Larger Bench. We find no grounds to deny the claim of interest on the grounds as raised in this appeal and made out by the ld. DR as the issue on merits is settled by the Bench and the Apex Court and Section 11BB mandates payment interest on delayed refunds. Et .....

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