TMI Blog2021 (3) TMI 790X X X X Extracts X X X X X X X X Extracts X X X X ..... m from the date became due after excluding 3 months from the date of passing of order - Further, in the case of Shreewood Products Pvt.Ltd.- [ 2016 (10) TMI 273 - PUNJAB AND HARYANA HIGH COURT ] ), again the Hon ble Jurisdictional High Court has held that the appellant is entitled to payment of interest @ 12% per annum in terms of section 11BB of Central Excise Act, 1944 after 3 months after pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued to the appellant raising demand of excise duty of ₹ 80,24,977/- along with interest and to impose penalty. The said show cause notice was decided vide OIO dated 28.2.2013 and the demand was confirmed. The appellant deposited ₹ 25,00,000/- as pre-deposit on 16.8.2014 as per direction of this Tribunal for entertaining their appeal. Later on, vide order dated 19.12.2019, this Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R opposed the contention of the ld. Counsel and relied upon the decision in the case of Devendra Udyog vs. Commissioner of CGST, Jodhpur-2020 (372) ELT 385 (Tri.-Del.). Further, relied on the Notification issued by the Government of India is part of statute and being creator of law not to go beyond the provision of law and statute as held by this Tribunal in the case Ultratech Cement Ltd. vs. CCE, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Tribunal till the refund was granted. As per two the decisions of Hon ble jurisdiction Punjab Haryana High Court is binding on this bench of the Tribunal, therefore, the appellant is entitled to refund @ 12% per annum after 3 months from the date of passing of the order of this Tribunal i.e.19.12.2019 till the refund is granted. 7. With these terms, the appeal is disposed of. (Pronoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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