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Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2005 (6) TMI AT This

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2005 (6) TMI 397 - AT - Central Excise

Issues:
- Demand of interest by the appellants on refunded amounts
- Entitlement of interest from the date of deposits

Analysis:
The judgment by the Appellate Tribunal CESTAT, New Delhi, involved an appeal where the appellants contested the demand of interest on refunded amounts following the impugned Order-in-Appeal. The key issue centered around the appellants' claim for interest on the refunded amounts from the date of deposits. The Tribunal reviewed the case records and noted that the appellants had initially pre-deposited certain amounts in compliance with Stay Orders of the Tribunal in appeals against the Order-in-Appeal. Subsequently, the Tribunal set aside the Order-in-Appeal and remanded the matters to the adjudicating authority for a fresh decision. The appellants then filed refund claims for the pre-deposited amounts based on the Tribunal's order, and the refunds were duly sanctioned within the stipulated period from the application dates.

Upon examination, the Tribunal determined that the appellants' right to claim the refund of pre-deposited amounts only arose on the date of the Tribunal's decision remanding the appeals for fresh adjudication. As the refunds were processed within three months from the application dates, the Tribunal concluded that the appellants were not entitled to claim interest from the date of deposits. Therefore, the authorities' decision to decline the interest on the refunded amounts was upheld, and the appeals by the appellants were dismissed. The judgment emphasized that the appellants' entitlement to interest should be assessed based on the accrual of their refund rights, rather than the initial deposit dates, resulting in the dismissal of their claims for interest from the deposit dates.

 

 

 

 

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