GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
What's New Case Laws Highlights Articles News Forum Short Notes Statutory TMI SMS More ...
Extracts
Home List
← Previous Next →

2017 (4) TMI 890 - CESTAT MUMBAI

2017 (4) TMI 890 - CESTAT MUMBAI - TMI - Interest on delayed refund - whether the appellant is entitle for the interest on the refund of duty @ 12% on the delay sanction of refund in respect of pre-deposit of ₹ 1 crore consequent to setting aside the order appealed and remand of the matter to the Commissioner for re-computation of the demand? - Held that: - demand was not finally decided by this tribunal - The demand was very much existing at the time of passing Tribunal order for the reas .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

llants Shri. Ajay Kumar, Joint Commissioner(A.R.) for the Respondent Order The issue involved in the present case is that whether the appellant is entitle for the interest on the refund of duty @ 12% on the delay sanction of refund in respect of pre-deposit of ₹ 1 crore consequent to setting aside the order appealed and remand of the matter to the Commissioner for re-computation of the demand. 2. Shri. Vipin Jain, Ld. Counsel with Shri. Vishal Agarwal, Ld. Advocate appeared on behalf of th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hree months from the date of Tribunal order dated 5-3-2004. However, refund of pre-deposit was sanctioned vide Dy. Commissioner's order dated 1-9-2005 i.e. almost after 545 days after three months period, therefore appellant is entitle for the interest for the said delay in sanction of refund of pre-deposit. He submits that pre-deposit is only for the pendency of the appeal before the Tribunal, the moment the appeal is disposed of the amount pre-deposited stands refundable therefore for any .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the other hand, Shri. Ajay Kumar, Ld. Joint Commissioner(A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. He submits that in the fact of the present case, the appellant's appeal was not finally allowed by this Tribunal whereas the matter was sent to the Adjudicating authority for re-quantification of the demand therefore matter was not attained finality. Accordingly refund did not arise immediately after Tribunal's order therefore there is no delay .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Latest Notifications:

    Dated      Category

20-7-2017 Cus (NT)

20-7-2017 GST CESS Rate

19-7-2017 IT

19-7-2017 IT

18-7-2017 IT

18-7-2017 CE (NT)

18-7-2017 CE

18-7-2017 GST CESS Rate

15-7-2017 Kerala SGST

14-7-2017 Andhra Pradesh SGST

14-7-2017 Cus (NT)

14-7-2017 Cus

13-7-2017 Co. Law

13-7-2017 Co. Law

13-7-2017 ADD

13-7-2017 ADD

12-7-2017 Jammu & Kashmir SGST

12-7-2017 Gujarat SGST

12-7-2017 Gujarat SGST

12-7-2017 CGST Rate

More Notifications


Latest Circulars:

19-7-2017 Goods and Services Tax

19-7-2017 Income Tax

18-7-2017 Customs

17-7-2017 Customs

14-7-2017 Income Tax

13-7-2017 Central Excise

13-7-2017 Customs

13-7-2017 Central Excise

13-7-2017 Customs

7-7-2017 Income Tax

More Circulars



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version