TMI Blog2006 (5) TMI 505X X X X Extracts X X X X X X X X Extracts X X X X ..... Sambi Reddy, JDR, for the Respondent. ORDER [Order per : S.L. Peeran, Member (J)]. - The stay and appeal are taken up together as the issue is already decided in the assessee s own case by Final Order No 899-900/2006, dated 9-5-2006. 2. The appellants were sanctioned refund consequent to finalization of provisional assessment for the year 2002-03. However, they have been issued with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the date of finalization and not from the date on which demands have been raised. The finding recorded in Para 4 of the said final order is reproduced herein below. On a careful consideration, we notice that the interest has to be calculated only from the date of finalization under Rule 7(4) of CE Rules after expiry of one month from the date when amount is determined. Therefore, the said vie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee shall be liable to pay interest on any amount payable to Central Government, consequent to order for final assessment under sub-rule (3) at the rate specified by the Central Government by notification issued under Section 11AA or Section 11AB of the Act from the first date of the month succeeding the month for which amount is determined, till the date of payment thereof. It is clear fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delay application, which is still pending. As such, it is made clear that the present order pertains to the appeal in respect of the facts narrated above. Following the ratio of the above judgment we uphold the assessee s contention and allow the appeal with consequential relief, if any. 5. Respectively following the ratio of the above noted judgment, we set aside the impugned order and all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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