2010 (8) TMI 341

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...., for the Respondent. [Judgment per : J.P. Devadhar, J. (Oral)]. - Appellant is aggrieved by the order dated 17-3-2006 [2006 (199) E.L.T. 151 (Tri. - Mumbai)] made by CESTAT/respondent No. 3 wherein the claim of the appellant seeking interest from the excise department on the National Saving Certificates belonging to the appellant from the date of maturity till payment has been rejected. ....

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....se dues under the order in original. The appellant challenged the said order in original by filing an appeal and the Commissioner of Central Excise (Appeals) allowed the appeal filed by the appellant and set aside the demand. Thereupon the appellant filed refund claim on 28-3-2003 seeking refund of sum of Rs. 9,000/- with interest from the date of maturity till payment. By an order in original dat....

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....tes for all these years, the excise department cannot escape liability to pay interest. Relying upon the judgments of apex court in Sandvik Asia Ltd. v. Commissioner of Income Tax-I Pune reported in 2006 (196) E.L.T. 257 (S.C.) and in the case of Life Insurance Corporation of India v. Gangadhar Vishwanath Ranade (Dead) by L.Rs. - AIR 1990 S.C. 185 the appellant submits that he is entitled to inter....

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....al Saving Certificates was Rs. 9,000/-. After the demands raised against the appellant were set aside by Commissioner of Central Excise (A), the refund claim of the appellant has been allowed under Section 11B of the Central Excise Act without any interest. In such a case, interest, if any, could be from the date of recovery till the date of payment. As the amount was recovered on 23-3-2000, the q....