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2021 (11) TMI 242 - AT - Central ExciseEntitlement to Interest on pre-deposit, on being successful in appeal - Section 35FF of Central Excise Act - HELD THAT:- Section 35FF provides for interest on the amount refundable to an assessee, pursuant to being successful in appeal, does not make any distinction between pre-deposit made by way of cash/ LPA or by way of cenvat credit account - the finding of learned Commissioner (Appeals) is erroneous that no interest is payable whether the pre-deposit is made by way of debit in cenvat credit account. The Adjudicating Authority is directed to disburse the interest @12% per annum (on the refund amount of ₹ 49,94,990/-) from the date of deposit till the date of refund - appeal allowed - decided in favor of appellant.
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