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2015 (10) TMI 1180 - CESTAT AHMEDABAD

2015 (10) TMI 1180 - CESTAT AHMEDABAD - TMI - Maintainability of appeal - Claim of interest on Rebate / refund - export of goods - Section 11BB - Held that:- Revenue filed appeal against the rebate claim before the Joint Secretary (Revision Application) and therefore, the appeal filed by the Revenue against the payment of interest consequent to the earlier Order-in-Appeal, would not lie before this Tribunal as per the first proviso to Section 35 B(1) of Central Excise Act, 1944. Accordingly, the .....

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s from the date of receipt of refund application under Section 11BB of the Central Excise Act, 1944. 2. None appears on behalf of the Respondent. Learned Authorised Representative for the Revenue submits that on earlier occasion, the Commissioner (Appeals) allowed the rebate claim against which Revenue preferred appeal before the Revisionary Authority. Learned Authorised Representative for the Revenue placed a letter dated 25.5.2015 issued by Assistant Commissioner (RRA), Central Excise & Cu .....

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