2008 (7) TMI 536

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....heckered career. Earlier, the assessee had claimed the refund claim along with interest and had filed their plea before the Commissioner. The issue was decided against the assessee ultimately culminating in Order-in-Appeal No. 49/2005 dated 28-2-2005. This was appealed before the Tribunal and the Tribunal by Final Order No. 1798/2006 dated 18-10-2006 [2007 (209) E.L.T. 23 (Tri.)] allowed the assessee's claim in the light of several judgments and held that the assessee is eligible for interest in terms of the Hon'ble High Court of Andhra Pradesh's order dated 27-2-1998. The matter when it went back for the purpose of calculating the interest amount, the revenue raised the objections pertaining to the rate of interest on the ground that the H....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Central Excise Notification in the Official Gazette when they allowed the writ petition with interest. It also followed that the rate of interest would be as per the Notification and not as per the rate of interest at 24% as claimed by the appellants. The judgment of Hon'ble High Court of Andhra Pradesh should be understood in that term. The rate of interest prevailing is 15%. Therefore, the Revenue was justified in taking up the issue again and the Commissioner (A) rendering the impugned order restricting the rate of interest to 15%. 3. The learned Counsel submits that the issue is fully settled in Tribunal's Order No. 1798/2006, dated 18-10-2006 holding that the interest has to be paid in terms of their claim and upheld the judgment....