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2017 (5) TMI 34 - CESTAT CHANDIGARHPre-deposit - Entitlement to interest - delayed payment of refund - case of Revenue is that the assessee is not entitled for the interest as it is not a pre deposit as per Section 35F of the Act and it is pre deposit in terms of Section 35(N) of the Act - whether the assessee is required to file an application for refund claim to the order of Hon'ble Apex Court on 11.12.1996 or not? - Held that: - In terms of the CBEC Circular 8/12/2004, the assessee is not required to file any application for refund - decided in favor of assessee. Whether the amount paid by the assessee under Section 35 (N) of the Act is a pre deposit or not? - Held that: - the amount of pre deposit paid by the assessee under Section 35N is equivalent to the amount paid under Section 35 (F) of the Act and the same is to be treated as pre-deposit accordingly - decided in favor of assessee. Whether the assessee is entitled to claim interest after three months from the date of the order of the Hon'ble Apex Court dated 11.12.1996 till its realization or not? - Held that: - This issue has been considered by the Hon'ble High Court in the case of Madura Coats Ltd. [2012 (7) TMI 512 - CALCUTTA HIGH COURT] and held that although the provisions of Rule 35 (FF) of the Act are not in the statute book during the relevant time but the same are applicable for interest for delayed refund - the assessee is entitled for interest after three months from the date of 11.12.1996 till the amount of refund is realised - decided in favor of assessee. Appeal allowed - decided in favor of assessee.
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