TMI Blog2023 (12) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... he Central Excise Act prevail and this Tribunal cannot intervene as regards the date from which the interest is payable or as regards the rate of interest, so far as refunds under Central Excise Act, 1944 are concerned. Appeal dismissed. - Mr. P. ANJANI KUMAR, MEMBER (TECHNICAL) Shri Vikrant Kackaria, Advocate for the Appellant Shri Rajeev Gupta and Shri Shivam Syal, Authorised Representatives for the Respondent ORDER The brief facts involved in the case are that the appellants, M/s G.S. Promoters and Developers, are engaged in providing the services of Construction of Residential Complexes and Construction of Commercial Complexes; on the basis of a search conducted by the officers of DGCEI, it was noticed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2022 (58) GSTL 367 (Tri. Chen.). MGF Construction Pvt. Ltd. 2021 (51) GSTL 311 (Tri. Del.) 3. Shri Rajeev Gupta, assisted by Shri Shivam Syal, Authorized Representatives for the Department, reiterates the findings of the impugned order and submits as follows: (a) In terms of Section 11B/11BB of Central Excise Act, 1944, if any duty is ordered to be refunded under sub-section (2) of Section 11B of the Act to the applicant and the same is not refunded within three months from the date of receipt of such application under sub-section (1) of Section 11B of the Act, then the applicant would be entitled to interest. (b) Notification No.67/2003-CE (NT) dated 12.09.2003 prescribes the interest rate at 6% Per Annum. (c) It has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd and MGF Construction Pvt. Ltd. (all supra), is of no avail. 5. I have gone through the rival submissions and the records of the case. The appellants rely heavily on the decision of the Tribunal in some cases wherein interest was not only allowed but was allowed beyond the statutory provisions. Revenue relies on the recent judgments of Hon ble Apex Court in the cases of Willowood Chemicals Private Limited (supra) and Cosmo Films Ltd. (supra) and submits that when a statute prescribes a certain rate of interest, it is not free for the Courts and Tribunals to increase the same. I find that Hon ble Apex Court s decision in the case of Sandvik Asia Ltd. 2006 (196) ELT 257, relied upon by the various judgments cited by the appellants, is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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