PREMPREET TEXTILE IND.LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) For understanding the dispute between the parties, the facts narrated in the petition are being reproduced briefly as under.

(2.) In the affidavit-in-reply, the respondents have contended that the Tribunal had allowed on March 28, 2003, the claim of the petitioners by holding that the same was not time barred, but had not granted interest on the said amount. Undisputedly, the said amount of Rs.20 Lacs has been refunded on February 4, 2004 and it is contended that interest, if any, is to be given, the same has to be from the date of order of CESTAT and not from the date of deposit. They sought to rely upon the decision of this Court reported in 2001 (127) ELT 329 (Guj.).

(3.) This Court has heard Ld. counsels of both the sides and examined the papers produced on record with their assistance.