2014 (10) TMI 268

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....tral Board of Excise, for the Appellant. Shri P. Balakrishnan, Advocate, for the Respondent. JUDGMENT [Judgment per : C.N. Ramachandran Nair, J.]. - This appeal is filed challenging the orders of the Customs, Excise & Service Tax Appellate Tribunal [2007 (211) E.L.T. 246 (Tri. - Bang.)] directing the department to grant interest on refund paid to the respondent. We have heard Sri Thomas M....

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....appeal against Tribunal's order before the Hon'ble Supreme Court and the Supreme Court allowed the appeal on 11-11-2003 [2004 (163) E.L.T. 289 (S.C.)]. Refund application was made by the assessee on 20-2-2004 and refund was in fact granted on 7-4-2004. The clear finding of the Tribunal is that there is not much delay in granting refund from the date of making application for refund, based on judgm....

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....lity of appeal. When such amount paid or bank guarantee furnished is adjusted towards duty payable based on appellate order of the Tribunal, it ceases to be an amount of pre-deposit. So much so, the circular issued by the Board has no application. However, since Supreme Court judgment is binding judgment, it was the duty of the department to grant refund at least within three months from the date ....