TMI Blog2013 (9) TMI 910X X X X Extracts X X X X X X X X Extracts X X X X ..... d that:- The said point is concluded by a judgment of this Court in the case of Commissioner of Central Excise, Hyderabad versus I.T.C Ltd[2004 (12) TMI 90 - SUPREME COURT OF INDIA] - the Central Board of Excise & Customs has also issued a circular bearing No.802/35/2004-CX, dated 8th December 2004 allowing payment of interest on delayed refund of amount of pre-deposit - there was no error in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the interest being a normal accretion to the capital, hence the appellant was entitled for the interest @ 18% of Rs.10 lacs from the date of deposit i.e 27.11.2000 till the date of its refund? 2. Whether the order of the adjudicating authority creating a liability of Excise Duty and penalty was quashed by the Tribunal vide its order dated 10.9.2001 and the applicant had deposited a sum of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n brief: In pursuance of the order passed by the Apex Court relating to duty, certain amount became due to the appellant from the department. The order of the Apex Court is dated 2.8.2002. The department in pursuance thereof on 1.11.2002 refunded the amount to the appellant. According to the appellant, the amount was deposited on 27.11.2000 with the department as pre-deposit for the entertainmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... follows: "The point in dispute in the present appeals is as to whether the pre-deposit made as a condition precedent for the hearing of the appeals under the Central Excise Act, 1944 was, on the assessee being ultimately successful, refundable to the assessee with interest. The said point is concluded by a judgment of this Court in the case of Commissioner of Central Excise, Hyderabad versus I.T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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