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TMI Blog2016 (7) TMI 1068X X X X Extracts X X X X X X X X Extracts X X X X ..... ex Court cannot be treated as a precedent has also not been raised before the Tribunal in the case of Sheela Foam Ltd. (2003 (5) TMI 78 - CEGAT, NEW DELHI) and LML Ltd. (2014 (8) TMI 704 - CESTAT NEW DELHI). Following the decision of Tribunal in the case of Bajaj Auto Ltd. [2016 (4) TMI 885 - CESTAT MUMBAI] appeal dismissed - Decided against the assessee. - Appeal No. E/369/12 - A/88377/16/SMB - Dated:- 1-7-2016 - Shri Raju, Member (Technical) For the Appellant : Shri Mayur Shroff, Advocate For the Respondent : Shri N.N. Prabhudesai, Supdt. (AR) ORDER Per Raju The appellant, M/s Bhor Industries Ltd., contested an issue before Tribunal wherein they had made a pre-deposit under Section 35F. The appellant won their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision of the Tribunal in the case of Sheela Foam Pvt. Ltd. 2003 (154) ELT 522 (Tri-LB) and also decision of the Tribunal in case of LML Ltd. 2014 (310) ELT 562 (Tri-Del). He argued that at the material time, there was no rate of interest prescribed for refund of pre-deposit and in this circumstances, the rate of interest prescribed under Section 11BB should not be followed but the rate of interest as granted by Hon'ble Supreme Court in the case cited above should be followed. 3. Learned AR relied on the decision of the Tribunal in the case of Bajaj Auto Ltd. 2016-TIOL-917-CESTAT-MUM. He argued that Tribunal is in the creature of Central Excise Act and has no power to grant interest where none has been prescribed. He argued that H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... la Foam Ltd. (supra) and LML Ltd. (supra). The contention that the relief granted by Hon'ble High Court of Kolkata and Hon'ble Apex Court cannot be treated as a precedent has also not been raised before the Tribunal in the case of Sheela Foam Ltd. (supra) and LML Ltd. (supra). I find that the Tribunal in the case of Bajaj Auto Ltd. (supra) has observed as under: - 5. I find that only provision granting interest on delayed refund is provided under Section 11BB of Central excise Act, 1944 therefore interest shall be payable as per the rate prescribed under Section 11BB. Ld. Commissioner in terms of Section 11BB allowed the interest to the appellant. As regard the submission of the appellant that Hon'ble Supreme Court has allo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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