2004 (12) TMI 107

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....decision in Sheela Foam Pvt. Ltd. v. CCE, Noida [2003 (154) E.L.T. 522 (Tri. - LB)] granting interest on refund of pre-deposit of duty, has been rendered without taking into consideration the Supreme Court's decision in Orient Enterprises [1998 (99) E.L.T. 193 (S.C.)] and therefore calls for a re-examination by a still Larger Bench particularly in view of the provisions contained in Section 11BB of the Central Excise Act. 2. The Larger Bench is constituted to examine whether the decision rendered in Sheela Foam is in conflict with the decision in Orient Enterprises of the Supreme Court. The two decisions cited supra dealt with facts entirely different and are set out hereunder. In Sheela Foam Pvt. Ltd. v. CCE, Noida [2003 (154) E.L.T. 522 ....

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....ctor was not refunded, the importer approached the Tribunal for issuing directions to the lower authorities. The Tribunal directed the Collector to refund the money to the importer within 60 days period. The Collector refunded the amount. The importer thereupon filed a Writ in the High Court claiming that he is entitled to interest on the amount involved. The High Court disposed off the Writ directing the department to pay interest at 12% from the date of filing of the revision application till the date of payment. The Union of India went in appeal against the order of the High Court. The Supreme Court allowed the appeal and set aside the order of the High Court. 3. The Supreme Court made some important observations while allowing the appe....