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2021 (7) TMI 1138 - AT - Central ExciseEntitlement to Interest within three months of the date of final order of this Tribunal - amount deposited by way of pre-deposit as per the stay order of this Tribunal - Section 35FF of CEA - HELD THAT:- The Commissioner (Appeals) have erred in making reference to Section 11BB instead of the correct Section 35FF, and have passed erroneous order. Thus, the impugned order is set aside and further following the ruling of Supreme Court in SANDVIK ASIA LIMITED VERSUS COMMISSIONER OF INCOME-TAX AND OTHERS [2006 (1) TMI 55 - SUPREME COURT], the appellant is entitled to interest @ 12% per annum from the date of deposit till the date of refund - thus, the adjudicating authority is directed to grant interest as directed within a period of 45 days from the date of receipt on service of copy of this order. Appeal allowed - decided in favor of appellant.
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