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2019 (4) TMI 1554 - CESTAT CHENNAIInterest on delayed refund of amount deposited under the proviso to Section 35F - Refund of pre-deposit along with interest - Section 35FF of the Central Excise Act, 1944 - HELD THAT:- There is no other ‘Deposit’ other than pre-deposit and hence the issue per se, is nothing but interest on pre-deposit. The date of pre-deposit is 27.07.2006, whereas the Final Order of this Court is dated 22.05.2017. Section 35 FF came into the statute book in 2008 and the same was substituted w.e.f. 06.08.2014. Both the assessee as well as the Revenue have for once agree that Section 35FF applies. When Section 35 FF is invoked, either prior to or post 2014, the only thing it talks of is the refund of the amount deposit, heading remains the same but for the application, with subtle difference. The date of deposit is in 2006 which is prior to 2014 and therefore as per the above proviso the provision of Section 35FF before 2014 amendment shall alone apply, which discernably mandates the payment of interest only if there was a delay beyond three months - the Commissioner (Appeals) has applied correct law and therefore the same does not call for any interference. Appeal dismissed - decided against appellant.
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