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TMI Blog2007 (12) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... te rate - set aside the impugned order and allow the appeal - E/4224/2 005 - A/26/2008-WZB/C -I V/(SMB), - Dated:- 14-12-2007 - Ms. Jyoti Balasundaram, Vice-President [Order]. - 1. Authorities below have rejected the claim of the appellants for interest on delayed sanction of refund, on the ground that the relevant date for computing the period of three months, after the expiry of whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted from 24-12-2004 which is the date on which the applicants applied for refund after the Tribunal's decision. 4. I find merit in the stand of the appellants in the light of the decision of the Hon'ble Rajasthan High Court in J.K. Cement Works v. Asstt. Commissioner of Central Excise Customs , 2004 (170) E.L.T. 4 (Raj.) holding that liability to pay interest on refund amount is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d against the assessees ultimately the Tribunal vide its order dated 5-12-2002 held that the assessee was entitled to refund of excess duty paid by him and pursuant thereof the principal amount of the refund was paid. However, no interest on the principal amount was paid. This led to the assessees filing DBC Writ Petition No. 5925 of 2003 before the Jodhpur Bench of the Hon'ble Rajasthan High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed in the case of Tirupati Pipe Allied Industries Pvt. Ltd. v. The Commissioner of Central Excise, Nasik - 2007 TIOL 1862. The decision of the Tribunal in Commissioner of Central Excise, Pune v. Ballarpur industries Ltd . - 2007 (215) E.L.T. 380 = 2007 (6) S.T.R. 392 also holds the same view. The Apex Court decision in the case of CCE, Hyderabad v. ITC Ltd. - 2005 (.179) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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