Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2019 (9) TMI 323

..... pre-deposit amount is paid in accordance of Section 35F, it is Section 35FF which is applicable with effect from 06.08.2014 by virtue of the amendment in Section 35F brought by the Finance Act (2) of 2014. No doubt the pre-deposit in the present case was made before the said amendment but the application praying for refund thereof is post amendment i.e. on 04.04.2017. The order of sanctioning the refund was passed on 31.07.2017. Hence, the amended provision shall squarely cover the present case of refund. The refund got sanctioned beyond three months - appellant is held entitled for the interest on the impugned refund amount at such rate as is mentioned in Section 35F - Appeal allowed - decided in favor of appellant. - Excise Appeal No. 523 .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... 4/2017 dated 31st July, 2017, however, without any interest. Being aggrieved, the impugned appeal has been filed impressing upon Section 35 FF of CEA, 1944. 3. Ld. D.R. while justifying the order has impressed upon para 7 thereof wherein the refund sanctioned is mentioned to have been finalized on 26th May, 2017 i.e. within three months of the filing of refund claim. Impressing upon no infirmity in the order, the order is prayed to be confirmed and appeal is prayed to be dismissed. 4. In view of the above, I observe and hold as follows:- 4.1 Admittedly and apparently the refund claim for ₹ 10,00,000/- (Pre-deposit) was filed by the appellant on 4th July, 2017. Perusal of record shows that the said refund was sanctioned by order of Ass .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... section shall not exceed rupees ten crores : Provided further that the provisions of this section shall not apply to the stay applications and appeals pending before any appellate authority prior to the commencement of the Finance (No. 2) Act, 2014. Explanation. - For the purposes of this section duty demanded shall include, - (i) amount determined under section 11D; (ii) amount of erroneous Cenvat credit taken; (iii) amount payable under rule 6 of the Cenvat Credit Rules, 2001 or the Cenvat Credit Rules, 2002 or the Cenvat Credit Rules, 2004. Section 35FF. Interest on delayed refund of amount deposited under the proviso to Section 35F. - Where an amount deposited by the appellant in pursuance of an order passed by the Commissioner (Appeal .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||