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2019 (11) TMI 668 - AT - Central ExciseRate of Interest on Refund of duty paid - Section 11B (1) of Central Excise Act, 1944 - Revenue has taken a stand that there has already been a notification No. 67/2003 dated 12.09.2003 by which the rate of interest has been fixed at 6% - however, the section records the range for rate of interest i.e. from 5% to 30% but section itself specifies that the rate within such range as for the time being fixed by the Central Government by notification in the official gadget - HELD THAT:- In section 11BB, to clarify the rate of interest in the range of 5% to 30%, the statute itself has empowered the Central Government to fix any rate of interest for the time being by way of a notification. This clarifies that once there is a notification of Central Government fixing 6% as the rate of interest same has to be followed as having power of statute. Thus, it is clear that previous final order of this bench has apparent error on face of its record. The error of adjudication which is very much apparent irrespective once committed cannot be repeated. Appeal dismissed.
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