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TMI Blog2016 (8) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of the refund claim. Rate of interest - eligible for interest @ 6% or 12% - Held that:- by taking note of the Judgment of Hon'ble Supreme Court in the case of Commissioner of Central Excise, Hyderabad vs. ITC. Ltd. [2004 (12) TMI 90 - SUPREME COURT OF INDIA], the rate of interest would be 6% not 12% as claimed by the Appellant. Appropriation of interest - Whether the amount of interest sanctioned to the Appellant can be appropriated towards outstanding arrears of revenue - Held that:- in view of the decision of Hon'ble Gujarat High Court in the case of Anand Steel Rolling Works Pvt. Ltd. vs. Union of India [2009 (10) TMI 551 - GUJARAT HIGH COURT], the amount of refund calculated cannot be adjusted against the arrears of revenue. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority and rejected their Appeal. Hence, the present Appeal. 4. Ld. A.R. for the Revenue submitted that the Appellant has initially file a refund claim for ₹ 1,16,452/- dated 17.03.2001 and the claim was returned to the Appellant on 24.05.2001 for filling the same with relevant documents. The refund claim was re-submitted on 13.06.2001. Therefore, the interest should be admissible to the Appellant from 13.09.2001 to 13.05.2008 and not from 17.03.2001. Further he has submitted that the rate of interest should be 6% and not 12% as claimed by the Appellant in view of the Judgment of this Tribunal in the Rajendra Kumar Jain vs. Commissioner of Customs (Port), Kolkata [2013(294) E.L.T. 274 (Tri.-Kolkata)]. He submits that the departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im. 7. Regarding the eligibility of the rate of interest, I find that the said issue has been considered by this Tribunal in the case of Rajendra Kumar Jain vs. Commissioner of Customs(Port), Kolkata [2013(294) E.L.T. 274 (Tri.-Kolkata)]. This Tribunal taking note of the Judgment of the Honble Supreme Court in the case of Commissioner of Central Excise, Hyderabad vs. ITC. Ltd. [2005(179) E.L.T. 15 (S.C)] directed that the rate of interest would be 6% not 12% as claimed by the Appellant. 8. On the third issue, the Ld. A.R. for the Revenue referred to the decision of Anand Steel Rolling Works Pvt. Ltd. (supra) where under the Honble Gujarat High Court has rejected the plea of the Petitioner that the amount of refund calculated ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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