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TMI Blog2016 (3) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... nd capital goods on exceeding the initial exemption limit specified in the said Notification. On 1/4/2007 when the appellant started availing full exemption in the New Financial Year, they were having stock of inputs lying as such, contained in finished goods and also contained in semi finished goods on which the Cenvat credit benefit was taken prior to 1/4/2007. The Revenue felt that one of elements for SSI exemption in the New Financial Year, the Cenvat credit lying unutilised was required to be reversed and accordingly insisted on the appellant to reverse the same. The appellants vide the letter informed the Assistant Commissioner and the Range Superintendent, that though they were not liable to reverse the credit taken and utilised on i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his common order. The Ld. Counsel produces a comparative statement as under: S. No. Appeal No. Period of dispute Refund of duty (granted) 1. E/59247/2013 16.5.2007 to 11/1/2013 Rs.6,07,687/- 2. E/50391/2014 25.4.2008 to 28.6.2013 Rs.6,21,168/- 2. The Id. Counsel for the assessee appellant states that the issue is no longer res Integra and in a recent decision dated 01/5/2015 in the case of CCE, Hyderabad versus I.T.C. Bhadrachalam reported in 2015 (319) E.L.T. 547 (SCC) under similar facts and circumstances where duty was paid under protest and burden of Excise duty was not passed on to ultimate consumer, it was held that Section 11 B of the Act, is not attracted and further refund with interest was directed, upho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt dealing with appropriate procedure relating to claim of interest on refund held as follows: "If a claim of interest is on equitable grounds, a written demand therefore is imperative. Where the respondent made a written demand of interest on 12-1-2004, as per Section 11 BB of the Central Excise Act, 1944, the interest shall be paid on refund after expiry of three months from the date pf application for such interest. But the interest could not have been given from 24-7-1991 i.e. the first day on which the Assistant Collector rejected the prayer for refund because no written demand for interest on the refund had been made on that date." "Para 11. Therefore, in the present cases, the appellant/assessee is not entitled for interest immed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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