2016 (2) TMI 637

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....High Court of Gujarat in the case of Shri Jagadamba Polymers Ltd. - 2013 (289) ELT 429. Learned Counsel also relied on decisions of Tribunal in case of - (i) VBC Industries Ltd. vs. CCE 2008 (225) ELT 472 (i) Kerala Chemicals & Proteins Ltd. vs. CCE 2007 (211) ELT 375 3. Learned A.R. relied on the orders. He further relied on the decision of Larger Bench in case of Sun Pharmaceuticals Industries 2005 (185) ELT 253 (LB) where it has been held that interest on interest can not be sanctioned. He also relied on following discussions for this purpose. (i) CCE, Surat vs. Mahavir Crimpers 2013 (296) ELT 97 (i) VIRCHOW Laboratories vs. CCE 2012 (280) ELT 133 He also relied on the decision of Hon'ble Supreme Court in case of VOI vs....

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....nce such claim does not fall within the statutory provisions contained in Section 11BB of the Act, in exercise of writ jurisdiction, we would not direct payment of such interest at the statutory rate but would provide for reasonable interest looking to the present trend. Under the circumstances, the petition is allowed. The respondents shall pay simple interest at the rate of 9% per annum on the sum of Rs. 1,06,12,678/- for the period between 1-4-2003 to 23-9-2004 which shall be done within a period of eight weeks from the date of receipt of a copy of this order. The petition is disposed of accordingly. Rule made absolute. No costs." 5. It can be seen that Hon'ble High Court has invoked its extraordinary powers in writ jurisdiction to ....