Raymond Ltd. Vs. the Commissioner of Central

.....the aggrieved party preferred appeal to the commissioner (appeals) and latter passed an order holding that, for the period from 28/09/96, the assessee was liable to pay interest under section 11ab. against the decision of ld. commissioner (appeals), the assessee is in appeal before us pleading that no interest whatsoever is recoverable under section 11ab on an amount deposited with the government under section 11d. they have relied on case law. in this connection, the revenue is also in appeal before us. in their appeal, the challenge is against the dropping of demand of interest for the period prior to 28/09/96.3. ld. counsel for the assessee has relied on the tribunal's decision in indian oil corporation ltd., v. cce, meerut (2002 (142) elt 157). we have perused the cited decision. in that case, indian oil corporation ltd., had collected excess amount from their buyers and deposited the same with the government under section 11d. the tribunal held that the department was not entitled to claim any interest on that amount under section 11 ab as this provision of law was not applicable to any amount collected by the government under section 11d. we note that the present case is squarely covered in the asscssee's favour by the cited case law. no better judicial authority has been cited before us. accordingly we allow appeal no. e/1723/2001 after setting aside the order of the commissioner (appeals) demanding interest under section 11 ab for the period from 28/09/96.4. the revenue is aggrieved in respect of the period prior to 28/09/96.they want interest for the said period as well. as we have already held that no interest is leviable on any amount collected under section 11d, there is no question of granting the relief prayed for in the revenue's appeal. appeal no. e/2404/2001 filed by the revenue is dismissed.