BEETTEE SILK MILLS Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) NONE appeared for the appellants. I have heard Shri A.K. Saxena, learned J.D.R. for the department and perused the case records. On appeal, the Tribunal had set aside the penalty imposed on the appellants and subsequently, they filed a refund claim for the penalty amount as well as for interest on the same. The lower authorities have allowed the refund of the penalty amount but have rejected the claim of interest on the same. Since there are no statutory provision for granting interest on refund of penalty amount nor is there any specific order of the Tribunal to grant such interest while deciding the appeal earlier, I am of the view that the impugned order passed by the lower authorities is correct in law. Accordingly, the appeal is rejected.