Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (12) TMI 701 - AT - Central ExciseInterest on delayed refund - whether the appellant is entitled to claim interest from the date of deposit to till its realization or not? - Held that: - The said issue has examined by the Hon’ble Madras High Court in the case of Ucal Fuel Systems Ltd. [2011 (9) TMI 903 - Madras High Court] Wherein the Hon’ble High Court has held that Limitation contained in Section 11B of the Central Excise Act is not applicable to the case of the first respondent since the amount in question was not paid towards excise duty but only by way of deposit during investigation, interest is allowable. The decision taken by the higher forum and decision taken by the Ld. Commissioner (A) himself in identical facts, unless until the same has been set-aside by the higher forum, he is bound to follow the judicial discipline, otherwise the public shall not have faith in such decisions taken by the appellate forum. The Ld. Commissioner (A) was bound to follow the judicial discipline on the subject. Appeal allowed - decided in favor of appellant.
|