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2022 (4) TMI 929 - AT - Central ExciseEntitlement to interest on the amount of pre-deposit - Section 35FF of Central Excise Act - HELD THAT:- The Court below has erred in refusing interest. That under similar facts and circumstances, Division Bench of this Tribunal in the case of M/S. PARLE AGRO PVT. LTD. VERSUS COMMISSIONER, CENTRAL GOODS & SERVICE TAX, NOIDA (VICE-VERSA) [2021 (5) TMI 870 - CESTAT ALLAHABAD] held that an assessee is entitled to interest on such pre-deposit on being successful in appeal, from the date of deposit till the date of refund @ 12% p.a., following the ruling of Hon’ble Supreme Court in the case of SANDVIK ASIA LIMITED VERSUS COMMISSIONER OF INCOME-TAX AND OTHERS [2006 (1) TMI 55 - SUPREME COURT]. The appellant is entitled to interest @ 12% p.a., from the date of deposit till the date of grant of refund - the Adjudicating Authority is directed to disburse the amount of interest within a period of 45 days from the date of receipt of this order - appeal allowed.
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