TMI Blog2014 (5) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, such plea cannot be entertained at this stage. Rate of interest - Held that:- The interest @ 12% has been provided by Hon'ble Supreme Court, there is no reason that the petitioner may not get interest @ 12%. No direction in regard is necessary to be issued. - writ petition dismissed - Decided against the assessee. - Writ Tax No. - 27 of 2005 - - - Dated:- 2-5-2014 - Hon'ble Rajes Kumar And Hon'ble Shashi Kant,JJ. For the Petitioner : Pankaj Bhatia,S. D. Singh For the Respondent : K. C. Sinha,A. K. Rai,Subodh Kumar ORDER By means of the present writ petition, the petitioner has challenged the order dated 5.7.2004 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi, by which the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the interest thereon in accordance with law under Section 11BB. The perusal of the said section leaves no doubt that the assessee is entitled to interest if the payment had not been paid to him within 3 months of the finalisation of the claim. In this context reference may also be made to the ratio of law laid down in Jindal Electric Machinery Corporation vs. Commissioner of Central Excise Ludhiana 2004 (166) ELT 276.. Therefore, the petitioners who had been denied the refund of predeposit amount without any justification are entitled to interest thereon @ as prescribed under the law, after 3 months from the date of the refund application moved by the petitioners. Therefore, the impugned order of the Commissioner (Appeals) denying the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest for the period 12.8.1998 till 6.12.2000 when the adjudication order has been passed inasmuch as the said amount has been illegally retained without any legal demand against the petitioner. We have considered the submissions of learned counsel for the petitioner. No one appears on behalf of the respondent. So far as claim of the petitioner that he is entitled for the interest for the period 12.8.1998 till 6.12.2000 on the amount of Rs.20 lacs which has been deposited in pursuance of the search, we do not find any substance. From perusal of the orders of the Tribunal and the authorities below, it appears that no such claim has been made. Before the Tribunal the only question for consideration was whether the petitioner was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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