2003 (11) TMI 426

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....e as follows : Appeal No. E/448/2002 : The duty demand against the appellant which was confirmed by order in original, dated 31-12-95 was further confirmed by order in appeal, dated 22-10-96. The assessee filed appeal before the Tribunal on 4-4-97 and made a pre-deposit of Rs. 75,00,000/- by Final Order Nos. 2381 to 2392, dated 10-11-98. The demand was set aside. They made an application for refund on 3-12-98. Refund was granted on 15-7-99. Interest was claimed under Section 11BB on 27-7-99. The claim was rejected both by the original authority as well as the appellate authority. Appellant claims interest from 11-11-98 to 15-7-99. Appeal No. E/449/2002 : The duty demand which was confirmed by order in original, dated 13-3-96 was....

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....ision of Madras High Court in CCE v. Calcutta Chemical Co. Ltd. - 2001 (133) E.L.T. 278 (Mad.). Reliance was also placed on the following decisions of this Tribunal :- (1) CCE, Mumbai v. Reliance Industries Ltd. - 2003 (152) E.L.T. 379 (T) (2) Bharat Heavy Electricals Ltd. v. CCE, Meerut - 2002 (139) E.L.T. 591 (T) In CCE v. Calcutta Chemical Co. Ltd., the Hon'ble High Court of Madras has taken the view that on delayed refund of pre-deposit the assessee is entitled to get 15% interest from the date of the order of the Tribunal till the actual release. In Suvidhe Ltd. v. UOI - 1996 (82) E.L.T. 177 the Hon'ble High Court of Bombay has taken the view that the parties are entitled to refund of pre-deposit amount with interest....