TMI Blog2019 (11) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... the interest on the refund amount, the matter is remanded to the Adjudicating authority - Appeal allowed by way of remand. - Service Tax Appeal No.87076 of 2019 - A/86832/2019 - Dated:- 3-10-2019 - HON BLE DR. D.M. MISRA, MEMBER (JUDICIAL) AND HON BLE MR. SANJIV SRIVASTAVA, MEMBER (TECHNICAL) For Appellant: Shri Onil Shivadikar, AC (AR) For Respondent: Shri Chirag Shetty, Advocate ORDER PER: DR.D.M. MISRA Heard both sides and perused the records. 2. Briefly stated the facts of the case are that during the course of investigation, the Appellants had deposited an amount of ₹ 50 lakhs. On completion of investigation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the date the pre-deposit was made. In the amended Section 35FF of Central Excise Act, 1944, the amount deposited prior to the date of amendment i.e. 06.08.2014 has been stated to be governed under the earlier provisions. Thus, the learned Commissioner (Appeals) has erred in directing payment of interest from 02.01.2008 i.e. the date when the Tribunal granted stay subject to the deposit of the said amount. 4. The learned Advocate for the Respondent reiterates the findings of the learned Commissioner (Appeals). 5. We have carefully considered the submissions advanced by both sides and perused the records. The short issue involved in the present appeal is whether interest is payable on the pre-deposit made b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner (Appeals) or the Appellate Tribunal (hereinafter referred to as the appellate authority), under the first proviso to Section 35F, is required to be refunded consequent upon the order of the Appellate authority and such amount is not refunded within three months from the date of communication of such order to the adjudicating authority, unless the operation of the order of the appellate authority is stayed by a superior court or tribunal, there shall be paid to the appellant interest at the rate specified in section 11BB after the expiry of three months from the date of communication of the order of the appellate authority, till the date of refund of such amount. From 06.08.2014: 35FF. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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