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2023 (2) TMI 1049 - AT - CustomsInterest on the refund of differential duty deposited for the purpose of clearance, being successful in appeal - price escalation clause - consent given by the appellant to the enhancement made by the department in the value of the declared goods at the time of processing of the Bill of Entry or not - Revenue urges that deposit of differential duty without making a prior protest, amounts to acceptance or consent on the part of the appellant. HELD THAT:- It is an accepted fact that appellant had deposited the differential duty as ordered by revenue, but have immediately filed the appeal and thus, the payment of differential duty was under protest, ipso facto. It is further found that such claim of the appellant of payment under protest was accepted by the Commissioner (Appeals) who remanded the matter for re-adjudication under Section 17(5) of the Act, by order dated 26.11.2013. In this view of the matter, the appellant is entitled to grant of interest on the refund amount under Section 129EE of the Act. Hon’ble Supreme Court in the case of SANDVIK ASIA LIMITED VERSUS COMMISSIONER OF INCOME-TAX AND OTHERS [2006 (1) TMI 55 - SUPREME COURT], which have been followed by Division Bench of this Tribunal in M/S. PARLE AGRO PVT. LTD. VERSUS COMMISSIONER, CENTRAL GOODS & SERVICE TAX, NOIDA (VICE-VERSA) [2021 (5) TMI 870 - CESTAT ALLAHABAD], grant of interest @ 12% P.A. has been upheld by Hon’ble Punjab & Haryana High Court in the case of COMMISSIONER OF CENTRAL EXCISE, PANCHKULA VERSUS M/S RIBA TEXTILES LIMITED [2022 (3) TMI 693 - PUNJAB & HARYANA HIGH COURT], wherein interest was granted @ 12% P.A. Accordingly, I allow the appeal and set aside the impugned order. Thus interest is granted from the date of deposit till the date of refund @ 12% P.A. under Section 129EE of the Act, within 45 days of receipt of this order by the Adjudicating Authority - appeal allowed.
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