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M/s Bhor Industries Ltd. Versus Commissioner of Central Excise, Mumbai

2016 (7) TMI 1068 - CESTAT MUMBAI

Claim of interest on delayed refund - Rate of interest 6% or 12% - Held that:- It is seen that both the Hon'ble High Court and the Apex Court have inherent powers to grant interest. Tribunal being a creature of Central Excise Act cannot grant the relief, not prescribed under the said Act. I find that this argument regarding inability of Tribunal to act beyond the powers/relief available under the Central Excise Act was not raised in the Sheela Foam Ltd. (2003 (5) TMI 78 - CEGAT, NEW DELHI) and L .....

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ppeal No. E/369/12 - A/88377/16/SMB - Dated:- 1-7-2016 - Shri Raju, Member (Technical) For the Appellant : Shri Mayur Shroff, Advocate For the Respondent : Shri N.N. Prabhudesai, Supdt. (AR) ORDER Per Raju The appellant, M/s Bhor Industries Ltd., contested an issue before Tribunal wherein they had made a pre-deposit under Section 35F. The appellant won their case in the Tribunal and hence pre-deposit become due for refund from 12.7.2004. The refund was granted to them on 14.7.2007, however, inte .....

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The said appeal was rejected by the Commissioner (Appeals) and aggrieved by the said order, the appellants are in appeal before Tribunal. A short issue involved in this case is if interest on refund of pre-deposit made under Section 35F would be granted @ 6% as prescribed under the Notification No. 67/03-CE(NT) dated 12.9.2003 or @ 12% as claimed by the appellant. 2. Learned Counsel for the appellant argued that Hon'ble Supreme Court in the case of ITC Ltd. 2005 (179) ELT 15 (SC) has allowe .....

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d. 2014 (310) ELT 562 (Tri-Del). He argued that at the material time, there was no rate of interest prescribed for refund of pre-deposit and in this circumstances, the rate of interest prescribed under Section 11BB should not be followed but the rate of interest as granted by Hon'ble Supreme Court in the case cited above should be followed. 3. Learned AR relied on the decision of the Tribunal in the case of Bajaj Auto Ltd. 2016-TIOL-917-CESTAT-MUM. He argued that Tribunal is in the creature .....

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osit. I find that Hon'ble Supreme Court in the case of ITC Ltd. (supra), in view of the proposed Circular of CBE&C had granted the interest @ 12%. It was a relief specific to that case and cannot be considered as a law laid down for the general implementation. Similarly, in the case of Madura Coats (supra), Hon'ble High Court of Kolkata had followed the decision of ITC Ltd. and observed as under: - 20. Therefore, in view of the fact that the period for which the petitioner is entitle .....

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o act beyond the powers/relief available under the Central Excise Act was not raised in the Sheela Foam Ltd. (supra) and LML Ltd. (supra). The contention that the relief granted by Hon'ble High Court of Kolkata and Hon'ble Apex Court cannot be treated as a precedent has also not been raised before the Tribunal in the case of Sheela Foam Ltd. (supra) and LML Ltd. (supra). I find that the Tribunal in the case of Bajaj Auto Ltd. (supra) has observed as under: - 5. I find that only provision .....

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