THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN CEA No. 79 of 2008 Dated: 21-09-2011 Between The Commissioner of Central Excise and Customs Visakhapatnam-I Commissionerate, Visakhapatnam …Appellant And M/s Afcons InfrastructureLtd., rep. by its Managing Director. …Respondent Judgment: (Per Hon’ble Sri Justice Goda Raghuram) Heard Sri A.Rajashekar Reddy, learned counsel for the appellant and Sri Kishore Rai, learned counsel for the respondent. This appeal by the Revenue is directed against the Final Order dated 27-6-2008 bearing No. 733 of 208 of the CESTAT, South Zonal Bench, Bangalore. The respondent preferred an appeal to the CESTAT against the Order-in-Appeal No. 102 and 103 of 2007, dated 15-8-2007 passed by the Commissioner (Appeals) in terms of the CESTAT Final Order No. 974 and 975 of 2005 dated 22-6-2005; allowing the assessee’s appeal resulting in the direction to refund of the pre-deposit amount of Rs.28 lakhs to the appellant. The dispute relating to the return of the pre- deposit was agitated by the respondent-assessee in W.P.No. 7906 of 2004 before this Court. This writ petition was disposed of by the order dated 10-2-2005 directing the Revenue to pay interest in accordance with the Board’s Circular referred to in the order of the Supreme Court in Commissioner of Central Excise, Hyderabad v. ITC. The assessee’s claim of interest @ 12% per annum for the period from 3-6-1997 to 11-12-2003 (the date of appropriation) was negatived by the Commissioner (Appeals) who had granted interest only @ 6% per annum. Aggrieved thereby the assessee preferred an appeal before the CESTAT. By the order impugned, the CESTAT, following the judgment of the High Court of Bombay in Nelco Ltd. v. Union of India[1]; the judgment of the Karnataka High Court in Nestle India Ltd. v. Assistant Commissioner of Central Excise, Mysore- II[2] and another judgment of the CESTAT in ITC Bhadrachalam Paper Boards Ltd. v. Commissioner of Central Excise, Hyderabad[3] and other cases, modified the order of the Commissioner (Appeals) and enhanced the rate of interest payable, from 6% to 12%. No question of law let alone a substantial question of law arises for consideration in this appeal under Section 35 (G) of the Central Excise Act, 1944. The appeal is accordingly dismissed. No costs. ______________________ GODA RAGHURAM, J 21st September, 2011 _____________________________ RAMESH RANGANATHAN, J GRR [1] 2002 (144) ELT 56 (Bom.) [2] 2003 (154) ELT 567 (Kar.) [3] 2000 (124) ELT 1100 (Tri.)