2019 (11) TMI 668

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....ound duty in respect of said Cold Rolled Patta, in furtherance of notification No. 34/2001 dated 28.06.2000. At the time of such option a stock of inputs was lying with the appellant whereupon they had availed total Cenvat credit of Rs. 7,33,739/-. However, with a view that they were actually not required to pay this amount, the refund claim of said amount was filed on 17.08.2006 which was rejected by order-in-original No. 472/2006 dated 16.11.2006. The appeal thereof was rejected by Commissioner (Appeals) vide order No. 117/2007 dated 22.02.2007. 2. However, this Tribunal vide final order No. A/52085 dated 07.06.2016 allowed the appeal of the present appellant. As a consequential relief thereof, the refund was disbursed on 03.10.2010. H....

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.... accordingly, allowed. Ld. Counsel also relied upon the F.O of this Tribunal bearing No. 5/266/2019 dated 04.09.2019. Per-contra, ld. D.R. has submitted that the rate of interest stands already prescribed by the Department in furtherance of Notification No. 67/2003 dated 12.09.2003, as has been relied upon by Commissioner (Appeals) in the impugned order. With respect to the decision of Hon'ble Supreme Court, it is submitted that the directions have been given qua the decision/judgment of the High Court. Impressing upon that the Tribunal are strictly bound by the statute whereas the High Court and Supreme Court has the inherent powers of making decisions, it is submitted that the interest at the rate of 6% has rightly been fixed. Ap....

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....this section from the date immediately after three months from such date, till the date of refund of such duty. Explanation. - Where any order of refund is made by the Commissioner (Appeals), Appellate Tribunal, National Tax Tribunal or any court against an order of the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise, under sub-section (2) of section 11B, the order passed by the Commissioner (Appeals), Appellate Tribunal, National Tax Tribunal or, as the case may be, by the court shall be deemed to be an order passed under the said sub-section (2) for the purposes of this section." The perusal leaves no doubt that the assessee is entitled to interest if the payment had not been paid to him....

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.... rate of interest for the time being by way of a notification. This clarifies that once there is a notification of Central Government fixing 6% as the rate of interest same has to be followed as having power of statute. Thus, it is clear that previous final order of this bench has apparent error on face of its record. The error of adjudication which is very much apparent irrespective once committed cannot be repeated. Again having a look to ITC (supra) and M/s Govind Mills (supra), it is observed that for the period in ITC (supra) the impugned notification was not applicable and Govind Mills (supra) has absolutely relied upon ITC (supra) being, absolutely, silent to the notification. Contrary thereto, High court of Madras as well as that of....