9911796707
TMI Blog2007 (9) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Rs. 3,66,328/- on the ground that the credit is not available to the respondents in respect of the goods received back by them from their customers. Vide Order-in-Original dated 16-12-99, the Dy. Commissioner disallowed the credit of Rs. 3,66,328/- and imposed penalty of equal amount alongwith interest. During the year 1999-2000, the respondents filed refunds/rebate claims before the Dy. Commissioner, Kanpur in other cases. By Adjudication Orders dated 14-3-2000, 8-10-2000 and 21-11-2000, the Dy. Commissioner allowed the refund claims but the entire amount of Rs. 8,27,190/- was adjusted against the demand as confirmed by the Adjudication Order dated 16-12-99. Subsequently, the Commissioner (Appeals) vide order-in-appeal dated 22-2-2002 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e date of the order of the Tribunal. 3. The ld. DR on behalf of the Revenue submits that the refund is arising out of the Final Order of the Tribunal and, therefore, the adjudicating authority rightly ordered for payment of interest after three months of the Tribunal s order as provided under Section 11BB of the Central Excise Act, 1944. He further submits that the Commissioner (Appeals) relied upon the decision of the Hon ble High Court, Calcutta in the case of Eastern Coils Private Ltd. v. Commissioner - 2003 (153) E.L.T. 290 (Cal.), which is not applicable herein. He relied upon the Larger Bench decision of the Tribunal in the case of Indian Thermoplastics (P) Ltd. - 2004 (164) E.L.T. 156 (T-LB). 4. The ld. Advocate on behalf of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consonance with provisions as contained in Section 11BB of the Central Excise Act, 1944. In the present case, it is seen that the issue is finally settled by the Tribunal vide order dated 11-6-2002 and, therefore, the respondent is entitled to get interest after expiry of three months of the Tribunal s order. So, the adjudication order passed by the Dy. Commissioner of the Central Excise is correct. 6. The ld. Advocate of behalf of the respondent relied upon the various decisions of the Tribunal, which are not applicable in the present case. In the said cases, the Tribunal held that interest due to the applicant is to be calculated from the date of the filing of the refund application. The Commissioner (Appeals) passed the order followin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
