TMI Blog2008 (1) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... court is not to be followed. - E/763/2007 - 37/2008 - Dated:- 7-1-2008 - Shri T.K. Jayaraman, Member (T) REPRESENTED BY : Shri Laxminarayan Goyal, Consultant, for the Appellant. Shri K. Sambi Reddy, JDR, for the Respondent. [Order]. - This appeal has been filed against Order-in-Appeal No. 42/2007 (H-IV) C.E., dated 28-8-2007 passed by the Commissioner of Customs Central Excise (Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Larger Bench of CESTAT in 2005 (185) E.L.T. 253 (Tri. - LB). (b) The other citation viz., 2007 (211) E.L.T. 279 (Tri. - Bang.) being in contradiction with the Larger Bench's decision supra, the Larger Bench's judgment will prevail, I respectfully follow the decision of Larger Bench and state that in the absence of any provision in the Central Excise Act for sanction of interest on the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision. The learned Departmental Representative pointed out that the Larger Bench in Para 5 of the decision has stated that Bombay High Court in the case of Sandvik Asia Ltd. v. Commissioner of Income Tax and Other - 2004 (IT2) - GJX-0020-BOM/1 [2004 (267) ITR-0078-BOM]. has ruled that for want of any express provision in the Income tax Act, the Court has no power to award interest on interest on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been over-ruled by the Apex Court. Moreover, This Tribunal in its decision - 2007 (211) E.L.T. 279 (Tri. - Bang.) relied on the Apex Court decision. I agree with the learned Consultant that the decision of the Apex Court will prevail over the decision of the Larger Bench. Hence, I allow the appeal with consequential relief. (Pronounced in open Court on 7-1-2008) _______ - - TaxTMI - TM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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