- (1.) We have heard Sri Bharat Ji Agrawal, Senior Advocate assisted by Sri Piyush Agrawal, learned counsel for the appellant and Sri S.P. Kesarwani appearing for the department.
(2.) This Central Excise Appeal under Section 35G of the Central Excise Act, 1944 has come up for admission, on a question of law, namely, whether Section 11BB of the Central Excise Act is applicable for payment of interest on the refund of Rs. 42.50 lacs which was earlier treated as pre-deposit, and for which the bank guarantee was submitted, but later, the bank guarantee was encashed when the duty was imposed. The duty was thereafter knocked off by the Income Tax Appellate Tribunal vide its order dated 10th July, 1993.
(3.) Since the department is represented and the matter involves only a question of law, we propose to decide the appeal at the admission stage.;