2006 (1) TMI 15

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..... [Order]. - The dispute in the present appeal of the revenue relates to interest amount in respect of refund sanctioned by the original adjudicating authority. 2. It is seen that the respondents were engaged in the manufacture of HDPE tapes from HDPE granules using the same in the manufacture of HDPE fabrics. During the relevant period, dispute on the classification of the product was going on .....

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..... e Commissioner (Appeals) against an order of the Assistant Commissioner of Central Excise under sub-section (2) for the purpose of this section. In the present case, the Commissioner (Appeals) has set aside the order confirming demand, which was already paid, by the appellants and therefore, the appellants became entitled for refund. Consequently, the appellants are entitled for interest since the .....

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..... evenue. Whether the amount was lying with revenue as a result of encashment of bank guarantee or as cash deposit does not make difference. The same has to be considered with the revenue from the date of the encashment of the bank guarantee. When the same stands refunded, the interest provisions under Section 11BB as discussed by the Commissioner (Appeals) get automatically attracted. As such, I fi .....

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