COMMISSIONER OF C. EX. Vs. LML LTD.

JUDGEMENT

(1.) THE facts leading to filing of this appeal by the Revenue are, in brief, as under.

(2.) HEARD Shri Pramod Kumar, the learned Jt. CDR, who assailed the impugned order by reiterating the grounds of appeal. He pointed out that the Assistant Commissioner's order dated 4 -5 -2007 sanctioning the interest @ 6% per annum was never appealed against by the respondent and, therefore, the appeal against the department's letter dated 2 -12 -2009 was not maintainable. He also pointed out that the Commissioner (Appeals) by the impugned order has ordered interest for the period of delay in refund @ 12% adv. on the basis of the Apex court's judgment in the case of ITC Ltd. (supra), while in respect of delay in refund of duty, the interest for the period of delay, in terms of the provisions of Section 11BB, is payable @ 6% per annum. He, therefore, pleaded that the interest rate mentioned in the Apex Court's judgment in the case of ITC Ltd. cannot be adopted as a yard stick for all the time to come.