TMI Blog2016 (4) TMI 885X X X X Extracts X X X X X X X X Extracts X X X X ..... refund is provided under Section 11BB of Central excise Act, 1944 therefore interest shall be payable as per the rate prescribed under Section 11BB. Tribunal is creature under the Central Excise Act therefore has limited power to decide the case only as per the statute of Central Excise Act. As regard the 12% interest granted by the Hon'ble Supreme Court, in my view it is under inherent power of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner(Appeals). - Decided against the appellant - Appeal No. E/1570/10 - Order No. A/86566/16/SMB - Dated:- 2-3-2016 - Ramesh Nair, Member (J) For the Appellant : Shri U K Godbole, GM (Indirect Taxation) For the Respondent : Shri Commissioner (AR) ORDER Per Ramesh Nair This appeal is directed against Order-in-Appeal No. SB/71/LTU/MUM/2010 dated 18/5/2010 passed by the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Board Circular No. 802/35/2004-CX dated 8/12/2004 submits that this Circular is a part of the Hon'ble Supreme Court judgment and accordingly interest at the rate of 12% should have been allowed. 3. On the other hand, Shri S.V. Nair, Ld. Superintendent (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. He submit that there is no statutory provision un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st to the appellant. As regard the submission of the appellant that Hon'ble Supreme Court has allowed the 12% interest as per the judgment of ITC (supra), I am of the view that this Tribunal is creature under the Central Excise Act therefore has limited power to decide the case only as per the statute of Central Excise Act. As regard the 12% interest granted by the Hon'ble Supreme Court, i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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