9911796707
TMI Blog2014 (5) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... a,A. K. Rai,Subodh Kumar ORDER By means of the present writ petition, the petitioner has challenged the order dated 5.7.2004 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi, by which the Tribunal has allowed the interest at the rate prescribed under the law after three months from the date of filing of refund application till the date of payment. Sri S.D. Singh, Seni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. The petitioner filed an application for the payment of interest, which has been rejected vide order dated 11.6.2003. Against the said order, the petitioner filed an appeal before the Commissioner of Central Excise which has been dismissed vide order dated 11.11.2003 against which the petitioner filed second appeal before the Tribunal, which has been allowed with the following observation: "It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, the impugned order of the Commissioner (Appeals) denying the interest is set aside. The petitioners are allowed interest @ prescribed under the law after 3 months from the date of the filing of the refund application, till the date of payment." Learned counsel for the petitioner submitted that against the order of the Tribunal, the Revenue filed an appeal before the Hon'ble Supreme Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of what has been stated above, these appeals are dismissed leaving the parties to bear their own costs." He submitted that in the case of Commissioner of Central Excise, Hyderabad vs. I.T.C. Ltd. (2005) 179 ELT 15, the Hon'ble Supreme Court has directed for payment of interest @ 12%. He further submitted that the petitioner is also entitled for the interest for the period 12.8.1998 till 6.12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication or not. This is apparent from first paragraph of the order of the Tribunal. The petitioner has not enclosed any grounds of appeal before the Tribunal, therefore, such plea cannot be entertained at this stage. So far as rate of interest @ 12% is concerned, the Tribunal, in its order dated 5.7.2004, has observed that the petitioners are allowed interest at the rate prescribed under the la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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