TaxTMI 
TaxTMI 
2013 (11) TMI 1034
X X X X Extracts X X X X
X X X X Extracts X X X X
....e appeal of the Revenue. 2. The relevant facts of the case in brief are that the assessee are manufacturers of aluminium and articles thereof classifiable under Chapter 76 of the Schedule to the CETA, 1985. They claimed benefit of Notification No. 53A/1971-CE dated 24.5.1971, which was denied by the Superintendent of Central Excise and enhanced the value. The Appellate Collector of Central Excise (as it stood during the relevant period) allowed the appeal filed by the Assessee. Revenue appealed before the Government of India, who set aside the order of the Appellate Collector. Then, the Assessee challenged the order of the Government of India before the Hon'ble Madras High Court, which was allowed. Revenue paid the refund of Rs.22,06,396.6....
X X X X Extracts X X X X
X X X X Extracts X X X X
....interest is payable from 26.5.1995 (i.e. from the date of insertion of Section 11AA). Revenue in their appeal quantified the amount of interest as Rs.31,43,219/-. The assessee has also filed an appeal challenging the order of the Commissioner (Appeals). 5. The learned AR on behalf of the Revenue reiterates the grounds of appeal. It is submitted that interest is payable from the date of insertion of the interest clause in the Central Excise Act, 1944 till the date of completion of payment of the dues. It is also contended that the finding of the Commissioner (Appeals) that the payment of date of interest would be calculated after expiry of three months from the date of the order of the Hon'ble Supreme Court is not correct in view of the ins....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ble to pay interest with the duty as determined under Section 11A of the Act. 6.1 It is also submitted that the payment of interest under Section 11AB would follow by the determination of duty under Section 11A(2) of the Act. In the present case, there is no determination of duty under Section 11A and therefore Section 11AB would not apply. It is also submitted that sub-section (2) of Section 11AB provides that provisions of sub-section (1) of Section 11AB shall not apply to case where the duty became payable before the date on which the Finance (No.2) Bill, 1996 receives the assent of the President. He submits that limitation prescribed under Section 11A of the Act would apply for payment of interest under Section 11AB. He relies on the f....