9911796707
TMI Blog2013 (6) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal by the impugned order allowed the appeal filed by the appellant claiming the payment of interest on predposit which was made made before the Commissioner (Appeals). The Tribunal allowed the appeal directing for payment of interest at the rate prevailing at the time till the date of payment from 1st of July, 2000. The order of the Tribunal by which the petitioner's liability was deleted, was passed on 31st of March, 2000. Copy of the order has been brought on record. The appellant made an application for refund of five lakhs of rupees on 4.5.2000 which claim was rejected by the adjudicating authority by its order dated 4.5.2001. The appeal filed against the said order before the Commissioner (A) was also partly allowed on 25.07 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest in terms of the draft circular. The draft circular shall be appended to and the contents form part of this order. The appeal is disposed of. In view of this order any judgment of any High Court holding to the contrary will no longer be good law." The learned counsel for the appellant has placed reliance before the Court on the circular which was issued on 8.12.2004 being circular no.802/35/2004 - CX dated 08-Dec-2004 which was proposed circular and was placed before the Apex Court while deciding the case of the Commissioner of Central Excise, Hyderabad (supra). In the aforesaid circular it was clearly mentioned that the pre-deposit must be refunded within three months from the date of order passed by the Appellate Tribunal. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the date of the order passed by the Appellate Tribunal/Court or other Final Authority unless there is a stay on the order of the Final Authority/CESTAT/Court, by a superior Court."
In the present case, the Tribunal has allowed the interest to the appellant immediately after three months period from passing the order of the Tribunal. The order of Tribunal was passed on 31st of March, 2000 and interest has been allowed from 1st July, 2000. Thus, the order of the Tribunal is fully in accord with the circular as approved by the Apex Court. The submission of the appellant that he is entitled for payment of interest from the date of deposit cannot be accepted.
No substantial question of law arises for consideration. The appeal is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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