Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2021 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (7) TMI 814 - AT - Service TaxInterest on delayed refund (of pre-deposit) - relevant time - to be granted from the date of communication of the final order of the Tribunal till the date of grant of refund, or from the date of pre-deposit? - HELD THAT:- The issue is no longer res integra and in the case of M/S J.K. CEMENT WORKS VERSUS COMMISSIONER, CENTRAL EXCISE, CENTRAL GOODS AND SERVICE TAX, UDAIPUR [2021 (3) TMI 123 - CESTAT NEW DELHI], wherein under the similar facts and circumstances, this Tribunal following the ruling of the Hon’ble Supreme Court in the case of SANDVIK ASIA LIMITED VERSUS COMMISSIONER OF INCOME-TAX AND OTHERS [2006 (1) TMI 55 - SUPREME COURT] as well as of the Hon’ble Allahabad High Court in the case of HELLO MINERALS WATER (P) LTD. VERSUS UNION OF INDIA [2004 (7) TMI 98 - ALLAHABAD HIGH COURT] held that interest is payable from the date of deposit till the date of grant of refund - Further, the Division Bench of this Tribunal in M/S PARLE AGRO PVT. LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, NOIDA [2017 (2) TMI 984 - CESTAT ALLAHABAD] has held that interest is payable @12%, following the ruling of the Hon’ble Supreme Court in the case of Sandvik Asia Ltd. The appellant is entitled for interest @12% p.a. from the date of deposit till the date of refund. The order-in-original is restored with the modification in the rate of interest - Appeal allowed - decided in favor of appellant.
|