TMI Blog2011 (1) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner is liable to pay interest only at this rate to the party. - E/1047/2001 - M/190/2011-WZB/C-II/(EB) - Dated:- 21-1-2011 - S/Shri P.G. Chacko, Sahab Singh, JJ. REPRESENTED BY : Shri Manish Mohan, SDR, for the Appellant. Shri R.D. Waglay, Advocate, for the Respondent. [Order per : P.G. Chacko, Member (J)]. This application filed by the Revenue seeks modification of our O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t should be reckoned with reference to this date (30-8-2005). The learned SDR further submits that this Tribunal has no power to determine any rate of interest on equitable principles, over and above what is statutorily prescribed. It is submitted that the rate of interest prescribed by the Central Government under Section 11BB of the Central Excise Act is @ 6% p.a. only for the material period an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This provision came into force only on 10-5-2008 and hence cannot be made applicable to the instant case inasmuch as the remand order of this Tribunal was passed on 19-7-2005. It is also pertinent to note that the date (30-8-2005) of receipt of the remand order by the Commissioner was not brought on record by the department. This date was not indicated when the order was passed on 21-5-2010. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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