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TMI Blog2016 (3) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... e. - Appeal No.E/50391/2014 (SM) and 59247/2013 (SM) - Final Order No.70867-70868/2016 - Dated:- 10-3-2016 - Shri Anil Choudhary, Judicial Member Present for the Appellant: Shri Bipin Garg and Ms. Rinki Arora, Advocate Present for the Respondent: Shri D.K. Deb, Assistant Commissioner (AR) Per: Anil Choudhary The brief facts are that the appellant is engaged in manufacture of Welding Electrodes. The appellant availed the benefit of Notification. No. 08/2003-CE dated 01.03.2003 and also availed the facility of Cenvat credit on inputs, input services and capital goods on exceeding the initial exemption limit specified in the said Notification. On 1/4/2007 when the appellant started availing full exemption in the New Finan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of Cenvat credit lying in balance as on the 31 st March on of availment of intention under Notification No. 8 of 2003, in the next financial year. Thereafter the appellant filed application for refund along with interest, in respect of the payment made earlier under protest by debit to PLA. Although the refund was allowed, but interest was denied. Being aggrieved the appellant preferred appeal before Commissioner (Appeals) for grant of interest, but the same was rejected by the impugned orders. The issue being common in both the appeals, are being disposed of by this common order. The Ld. Counsel produces a comparative statement as under: S. No. Appeal No. Period of dispute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AR. for revenue states that the issue of interest has been considered in detail by Honourable High Court in case of Kanyaka Parameshwari Engineering Ltd Vs. Commissioner of Customs Central Excise reported in 2011 (270) E.L.T. 73 (A.P.) where in para-10 and 11 of the judgement, it have been held as follows: Para 10. Under Section 11BB of the Central Excise Act, 1944, if any duty is not refunded within three months from the date of receipt of application under sub-section (1), the interest shall be paid on such duty from the date immediately after expiry of three months from the date of receipt of such application till the date of refund of such duty a In Union of India and Another v. Shreeji Colour Chem Industries - (200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11BB, which stipulates for payment of interest, if refund is not given within 3 (three) months from the date of receipt of application. 5. Having considered the rival contentions I find that in the subsequent decision in the case of I.T.C. Bhadrachalam (supra) the Honourable Supreme Court have held that where duty is paid under protest, the interest has to be paid from the date of payment, to the date of grant of refund. Following the same I allow the appeal with a direction to the adjudicating authority to grant interest from the date of payment to the date of grant of refund, within a period of 60 (sixty) days from the date of receipt of a copy of this order. Thus appeals are allowed with consequential benefits. (Dictated and p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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