THE RISHAB VELVELEEN LIMITED Vs. CCE

JUDGEMENT

(1.) THOUGH today only the appeal number E/364/2007 filed by the appellant is listed for hearing, it is seen that this appeal alongwith appeal No. E/365/2007 filed by the same appellant and involving identical issue had been disposed of earlier by the Tribunal vide final order No. 185 -186/2009 -SM (BR) dated 09/02/09 by which the Tribunal had upheld the order of the Commissioner (Appeals) refusing interest for the period of delay in granting the refund of the unutilized AED (T&TA) credit. The appellant challenged the Tribunal's final order No. 185 -186/2009 ' SM (BR) dated 09/02/2009 before Hon'ble High Court of Uttarakhand and Hon'ble High Court by order dated 25/03/14 after deciding the basic issue involved in this case, remanded the matter to the Tribunal for denovo decision. The Hon'ble High Court vide its order dated 25/03/14 has remanded both the appeals No. E/364/2007 as well as E/365/2007. Since both the appeals involve identical facts and identical issue and both the appeals have been remanded to the Tribunal by common order dated 25/03/14 of Hon'ble Uttarakhand High Court, the other appeal No. E/365/2007 is also being taken up for hearing alongwith appeal No. E/364/2007 though the appeal No. E/365/2007 has not been listed today.

(2.) HEARD both the sides.

(3.) SHRI M.S. Negi, the learned DR, while pleading that in terms of the judgment of Hon'ble Uttrakhand High Court the provision of Section 11BB regarding interest would be applicable, he pleaded that in terms of the findings of the Commissioner (Appeals)'s order dated 13/11/06, the date of filing of the refund claims in the appeal No. E/364/2007 should be treated as 26/06/04 and in the second appeal No. E/365/2007, the date of filing of refund claim should be treated as 24/06/04 and accordingly, the date from which the interest would be payable would be the expiry of three months from these dates and the quantum of interest payable has to be recomputed from these dates only.