TMI Blog2008 (8) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellant. Shri K. Sambi Reddi, JDR, for the Respondent. [Order per : T.K. Jayaraman, Member (T)].- This appeal has been filed against the Order-in-Appeal No. 45/2008-CE dated 28-2-2008 passed by the Commissioner of Central Excise (Appeals-I) Bangalore. 2. Shri Rajesh Kumar, the learned Advocate appeared for the appellant and Shri K. Sambi Reddi, leaned DR for the Revenue. 3. We heard bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the refund claim on the ground that there is no provision to refund any amount deposited as interest under Section 11B. He has further held that the question of time limit which the appellants contend for adopting the general limitation of three years for this refund can only be invoked if it is first shown under which law the refund is to be sanctioned and on which the appellants' contention is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order refund of interest only. The party's prayer for grant of interest on interest is rejected, as the appellant has not shown sufficient grounds to award the same. Moreover, a case decided by this Tribunal in favour of the appellants is under challenge before the Hon'ble High Court of Madras. In these circumstances, we allow only the refund of the interest in excess of 2% in terms of the Rajas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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