Ujjal Bhuyan, J.

1. This Judgment will dispose of W.P. (C) No. 1166/2012 and W.P. (C) No. 2325/2012. Question for consideration in both the writ petitions is the entitlement of the petitioners to interest under section 11BB of the Central Excise Act, 1944 on the delayed excise duty refund by the department to the petitioners.

2. The relevant facts of the two cases may be briefly noted.

W.P. (C) No. 1166/2012

3. Petitioner is a company incorporated under the Companies Act, 1956, owning amongst others the Chabua Tea Estate in the district of Dibrugarh, Assam. Petitioner is engaged in the business of cultivation and manufacture of tea and tea waste, which are exigible to excise duty under Chapter-9 of the Schedule to the Central Excise Tariff Act, 1985, having central excise registration number.

4. The Central Government formulated new industrial policy in the year 1997 giving various incentives to stimulate industrial development in the North Eastern Region. Such incentives included exemption from payment of excise duty for a period of 10 years from commencement of production.

5. Pursuant thereto, Department of Revenue, Ministry of Finance, Government of India issued Notification N