TMI Blog2019 (11) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... nment to fix any rate of interest for the time being by way of a notification. This clarifies that once there is a notification of Central Government fixing 6% as the rate of interest same has to be followed as having power of statute. Thus, it is clear that previous final order of this bench has apparent error on face of its record. The error of adjudication which is very much apparent irrespective once committed cannot be repeated. Appeal dismissed. - Excise Appeal No. 50053 of 2019 [SM] - FINAL ORDER No. 51472/2019 - Dated:- 13-11-2019 - MRS. RACHNA GUPTA, MEMBER (JUDICIAL) Shri Om. P. Agarwal, Advocate for the Appellant Smt. Tamanna Alam, Authorised Representative for the Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was denied. It was sanctioned only for 6%. Being aggrieved the appellant is before this Tribunal. 3. I have heard Shri O.P. Aggarwal, learned Counsel for the appellant and Shri K. Poddar, learned DR for the department. Ld. Counsel has placed reliance upon M/s. Govind Mills Ltd. vs. Commissioner of Central Excise, Allahabad reported in 2014-TIOL-677-HC-ALL-CX submitting that the interest at the rate of 12% has been allowed by Hon ble High Court of Allahabad in this case. It is further pointed out that the said decision has been passed based upon the decision of Hon ble Supreme Court in the case of Commissioner of Central Excise, Hyderabad vs. I.T.C. Ltd. reported in 2005 (179) E.L.T. 15 (S.C.) wherein while ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elevant statute for the purpose of Section 11 BB, which reads as follows:- Section 11BB. Interest on delayed refunds. --- If any duty is ordered to be refunded under sub-section (2) of section 11B to any applicant is not refunded within three months from the date of receipt of application under sub-section (1) of that section, there shall be paid to that applicant interest at such rate, not below five per cent and not exceeding thirty per cent per annum as is for the time being fixed by the Central Government, by Notification in the Official Gazette, on such duty from the date immediately after the expiry of three months from the date of receipt of such application till the date of refund of such duty : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. As learned DR has brought to my notice that there has already been a notification No. 67/2003 dated 12.09.2003 by which the rate of interest has been fixed at 6%, I am of the opinion that the interest @ 6% of the amount as has already been ordered to be refunded can only be sanctioned. 6. Though the learned Counsel has laid emphasis on Final Order No. 5/266 dated 04.09.2019 as announced by this very bench wherein after relying the decision of Hon'ble Apex Court in the case of Commissioner, Central Excise, Hyderabad Vs. ITC Ltd reported as 2005(179) ELT 15(SP) and M/s Govind Mills Ltd vs CCE Allahabad reported as 2014 TIOL 677(HC) the interest @12% was ordered. It was also the opinion formed that the notification a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
