9911796707
TMI Blog2003 (5) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... c. Application No. 165/2001 was filed by the appellant in Appeal No. 2468/97-NB under Rule 41 of the CEGAT (Procedure) Rules, 1982 for direction to return the amount of pre-deposit to the applicant with interest from the date of deposit till the date of refund. Misc. Application No. 234/2001 is one requesting for early posting of the Misc. Application No. 165/2001. Misc. Application No. 127/2003 f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had sought permission to withdraw its claim for refund under Misc. No. 127/2003 they cannot be heard to contend now that they are entitled to interest on refund of pre-deposit. 3. We do not find any merit in the contentions raised on behalf of the Revenue. Merely because in the Misc. Application 127/2003 which was filed after the receipt of refund of pre-deposit on 17-7-2001, there is a request f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h refund is made the Revenue cannot be compelled to pay interest. The Calcutta High Court was not inclined to agree with the above contention. Under these circumstances we direct the Revenue to pay interest on the amount of Rs. 15 lakhs refunded on 17-7-2001. For the purpose of the period during which interest is liable and also for the rate at which it has to be calculated we will adopt the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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