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2019 (5) TMI 1779 - AT - Central ExciseInterest on pre-deposit amount refunded - appellant claimed interest as per Section 35 FF which has been introduced w.e.f. 6.8.2014 - case of appellant is that in view of the amended/substituted provision of Section 35 F they should be also granted interest at the specified rate on the amount of pre-deposit w.e.f. 6.8.2014 to 31.07.2017 as per notification no.24/2014-CE (NT) - HELD THAT - The facts are squarely covered by the Hon ble Delhi HIigh Court in the case of AFCONS INFRASTRUCTURE LTD. VERSUS COMMISSIONER 2013 (9) TMI 1018 - DELHI HIGH COURT where it was held that interest on pre-deposit amount is available only from the date beyond the period of 3 months from the date of receipt /copy of the order by the Department and not from the date of pre-deposit. Appeal dismissed - decided against Appellant.
Issues:
1. Interest on the amount deposited by the appellant. 2. Applicability of Section 35 F and Section 35 FF regarding interest payment. 3. Interpretation of the legal provisions by the Commissioner (Appeals). 4. Pre-deposit refund and interest calculation. Analysis: 1. The appellant sought interest on the amount deposited as per the Tribunal's order. The deposit was made in compliance with the Tribunal's order dated 22.02.2013 under Section 35 F read with Notification no.24/2014-CE(NT) dated 2.08.2014. The appellant deposited the amount of Rs. 1,15,16,118/- on 27.7.2013, leading to the waiver of the balance amount of duty, interest, and penalty. 2. The appellant contended that post the substitution of Section 35 F by the Finance Act (2) of 2014, interest should be payable as per Section 35 FF introduced w.e.f. 6.8.2014. The appellant argued for interest @6% on the pre-deposit amount from 6/8/2014 to 31.7.2017 as per Notification No.24/2014-CE(NT) dated 12.08.2014. The Commissioner (Appeals) considered the pre-amended Section 35 FF, which mandates interest payment if the amount is not refunded within 3 months from the date of communication of the order, as per the order of the Hon'ble Delhi High Court in the case of AFCONS Infrastructure Ltd. 3. The Commissioner (Appeals) relied on the interpretation of the law provided by the Delhi High Court in the case of AFCONS Infrastructure Ltd., stating that interest on the pre-deposit amount is applicable only after the lapse of 3 months from the date of receipt of the order by the Department, not from the date of pre-deposit. The Commissioner dismissed the appeal based on the precedent set by the Delhi High Court. 4. The Assistant Commissioner sanctioned the refund of the pre-deposit amount of Rs. 1,15,16,118/- by the order-in-original dated 26.5.2017. However, there was no discussion regarding the payment of interest under Section 35 F of the Act. The appellant's appeal was dismissed as the facts aligned with the Delhi High Court's decision in the case of AFCONS Infrastructure Ltd., leading to no merit in the appeal. This detailed analysis covers the issues of interest payment, legal provisions interpretation, and the decision-making process in the judgment.
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