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TMI Blog2014 (2) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of Calcutta. The Hon’ble High Court has ordered to refund the pre-deposit to the Appellant with applicable interest. The lower Adjudicating Authority has granted a refund along with the interest @ 6% - Commissioner (Appeals) has dealt with the applicability of interest in view of the Hon’ble Supreme Court’s decision in ITC Ltd. [2004 (12) TMI 90 - SUPREME COURT OF INDIA], as per the Notificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Commissioner (Appeals) has upheld the Order of the lower Adjudicating Authority. The grievance of the Appellant is that the Department has given interest @ 6% on the Refund of pre-deposit made by them in terms of Section 129E of the Customs Act, 1962, and the same should have been @ 12%. In support of their contention, they have placed reliance on the case of CCE, Hyderabad v. ITC Ltd. reported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest in terms of the Hon ble Supreme Court s decision in the case of ITC Ltd. (supra). Learned Commissioner (Appeals) has dealt with the applicability of interest in view of the Hon ble Supreme Court s decision cited by the Appellant, as per the Notification No. 75/2003-Cus. (N.T.), dated 12-9-2003 issued under Section 27A of the Customs Act, 1962 prescribing the interest @ 6%. The Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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