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TMI Blog2014 (10) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent made application for refund and within the following two months, department granted refund. The claim for refund based on judgment of the Supreme Court is not comparable with refund on pre-deposit which is a deposit of duty or other demand paid for maintainability of appeal. When such amount paid or bank guarantee furnished is adjusted towards duty payable based on appellate order of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... akrishnan, Advocate, for the Respondent. JUDGMENT [Judgment per : C.N. Ramachandran Nair, J.]. - This appeal is filed challenging the orders of the Customs, Excise Service Tax Appellate Tribunal [2007 (211) E.L.T. 246 (Tri. - Bang.)] directing the department to grant interest on refund paid to the respondent. We have heard Sri Thomas Mathew Nellimoottil, Standing Counsel for the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme Court and the Supreme Court allowed the appeal on 11-11-2003 [2004 (163) E.L.T. 289 (S.C.)]. Refund application was made by the assessee on 20-2-2004 and refund was in fact granted on 7-4-2004. The clear finding of the Tribunal is that there is not much delay in granting refund from the date of making application for refund, based on judgment in appeal passed by the Supreme Court. However, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ished is adjusted towards duty payable based on appellate order of the Tribunal, it ceases to be an amount of pre-deposit. So much so, the circular issued by the Board has no application. However, since Supreme Court judgment is binding judgment, it was the duty of the department to grant refund at least within three months from the date of judgment of the Supreme Court. To this extent, we uphold ..... X X X X Extracts X X X X X X X X Extracts X X X X
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