TMI Blog2017 (10) TMI 1115X X X X Extracts X X X X X X X X Extracts X X X X ..... e of expiry of three months from refund application, till the date of its refund. In the present case, since the Tribunal is entertaining and disposing the appeal filed under the Central Excise statute, the provisions contained in the statute alone has to be considered for deciding the issue involved in the appeal. On perusal of the said statutory provisions, it reveals that other than Section 11BB ibid, no other provision exists in the Central Excise statute, dealing with payment of interest from the date of actual deposit of the disputed amount. Thus, such interpretation placed by the appellant cannot be accepted, in absence of any statutory mandates. The appellant is only entitled for interest for delay of 25 days in sanction of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... beyond three months from the date of filing application, till its refund by the department. Feeling aggrieved with the impugned order, the appellant has filed the present appeal on the ground that the interest amount is required to be computed from the date of deposit of the principal amount by it . 4. The ld Advocate appearing for the appellant submits that the applicant is entitled for interest from the date of deposit of the disputed amount. To support such stand, the ld Advocate has relied on the judgment of Hon ble Supreme Court in the case of Sandvik Asia Ltd Vs Commissioner of Income Tax-2006 (196) ELT 257 (S.C.) and Commissioner Vs ITC Limited, 2005 (179) ELT 15 (S.C.) and the judgment of Hon ble Madras High Court in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest for such period as per the provisions of Section 11BB ibid and not from the date of payment of the disputed amount, as claimed by the appellant. I find that the issue with regard to computation of the period for payment of the interest amount is no more res Integra, in view of the judgment of Hon ble Supreme Court in the case of Shreeji Colour Chem Industries (supra), wherein it has been ruled that payment of interest has to be made in accordance with Section 11BB ibid, from the date of expiry of three months from refund application, till the date of its refund. In the present case, since the Tribunal is entertaining and disposing the appeal filed under the Central Excise statute, the provisions contained in the statute alone has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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