2004 (11) TMI 151

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....estion, as to whether the respondents are legally entitled to claim the interest on the refund of the pre-deposit amount. 2. The Commissioner (Appeals) has allowed the interest by following an earlier order dated 22-1-2002 passed by another Commissioner (Appeals) in another case and which, according to him, was also affirmed by the Tribunal vide Final Order, dated 7-11-2002. 3. I have heard ....

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....-9-2000, the respondents are entitled to interest on the pre-deposited amount and as such the same has been rightly allowed to them. But, I am unable to subscribe to this contention of the learned Counsel. The bare perusal of the provisions of Section 11BB which relates to the interest on the delayed refund, it is quite evident that the interest can be claimed only if the amount has not been refun....

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.... the CESTAT order. In the final order, the Tribunal neither fixed any date for the refund of the pre-deposited amount to the respondents nor gave any specific direction. Therefore, the respondents did not become entitled to the interest from the date of passing of the order of the Tribunal. They applied for the refund to the Department only on 21-5-2001 and the Department has refunded the amount w....