CCE Vs. TVS MOTORS COMPANY LTD.

JUDGEMENT

(1.) COMMON issues are involved and therefore the applications and appeals are taken up together. Heard both sides. Revenue filed these applications for stay of the operation of the impugned order. We find that this issue is already settled by the Larger Bench decision of the Tribunal in the case of Cadbury India Ltd. reported in, 2008 (232) E.L.T. 224 (Tri. -LB), therefore the appeals are taken up for hearing.

(2.) THE issue involved in these appeals is that the date from which interest is payable on finalization of the provisional assessment. The Commissioner (A) in the impugned order after relying upon the Rule 7(5) of the Central Excise Rules, 2002 and relying upon the decision of the Tribunal's decision in the case of Cadbury India Ltd. (supra) held that in respect of finalization of provisional assessment, the interest is payable from the first day of the month succeeding the month for which such refund is determined till the date of refund on finalization of the assessment.