TMI Blog2016 (8) TMI 195X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 52683/2016-EX(DB) - Dated:- 28-7-2016 - Ms. Archana Wadhwa, Member (Judicial) And Shri V.Padmanabhan, Member (Technical) Shri O.P. Aggarwal, Advocate for the Applicants Shri R.K. Mishra, DR for the Respondent ORDER Per Archana Wadhwa After hearing both the sides duly represented by Shri O.P. Aggarwal, Ld. Counsel for the Appellant and Shri R.K. Mishra, DR for the Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pute that the appellant calculated the interest amount by applying the wrong rate and as such they deposited the excess amount. 4. The refund also stands filed within a period of one year. The only ground on which the Revenue rejected the refund claim is the same is inadmissible in terms of section 11B of the Central Excise Act in as much as the same governs the refund of duty only. 5. We fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed by Commissioner (A) vide which the excess interest amount deposited by the assessee was refunded. For better appreciation we reproduce the relevant paragraph from the order in appeal No. 189(HKS)CE/JPR-II/2006 dated 17.03.2006: The claim of the appellants was rejected on the grounds that there is no provision under section 11B of the Central Excise Act, 1944 to grant the refund of intere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Garden Silk Mills 1993 (68) ELT 638 held that interest is not duty and when collected in excess is required to be refunded under the normal law. The Hon ble High Court of Calcutta in the case of Dalhousie Jute Ltd. 2001 (130) ELT 50 held that the very foundation of the claim of penalty or interest, if any, is arising out of the original claim of tax. Therefore, by virtue of the claim on the par ..... X X X X Extracts X X X X X X X X Extracts X X X X
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