Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2023 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (3) TMI 1125 - HC - Central ExciseInterest on pre-deposit amount - amount deposited by the petitioner to avail its right of appeal under Section 35FF of the Central Excise Act, 1944 read with Section 83 of the Finance Act, 1994 - Petitioner’s request for interest on pre-deposit for the period 15.09.2009 till 20.09.2016 was rejected - HELD THAT:- It is the respondents’ case that since the petitioner is aggrieved by the order of the Adjudicating Authority limiting the refund to the amount of pre-deposit, the appropriate remedy for the petitioner is to file an appeal against the said order. It is also emphasized that the Adjudicating Authority would now have no powers to review its own orders and therefore, it does not have jurisdiction to entertain the petitioner’s request for reconsidering payment of interest. Notwithstanding the petitioner may have a right to appeal against the order refunding the principal amount while ignoring the interest thereon; it is not deemed necessary to relegate the petitioner to avail such remedy considering that there is no dispute that the petitioner would be entitled to interest on the said amount - According to the petitioner a sum of ₹24,50,959/- is due and payable to the petitioner on account of interest on the pre-deposit. It is considered apposite to set aside the communication issued by respondent rejecting the petitioner’s request for interest and direct the Adjudicating Authority to entertain its request for interest on the pre-deposit amount on merits and disburse the said amount as calculated - petition allowed.
|