TMI Blog2021 (7) TMI 1138X X X X Extracts X X X X X X X X Extracts X X X X ..... making reference to Section 11BB instead of the correct Section 35FF, and have passed erroneous order. Thus, the impugned order is set aside and further following the ruling of Supreme Court in SANDVIK ASIA LIMITED VERSUS COMMISSIONER OF INCOME-TAX AND OTHERS [ 2006 (1) TMI 55 - SUPREME COURT] , the appellant is entitled to interest @ 12% per annum from the date of deposit till the date of ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of removal of scrap clandestinely including ₹ 3,571/- on sale of scrap collected from the buyers. As per stay order No. 687/2009-Ex. dated 10 July, 2009, the appellant deposited the amount of duty of ₹ 19,26,211/- on 13.10.2009. Thereafter, the appellant succeeded in appeal which was disposed of vide Final Order No. A/54975/2017-SM(BR) dated 30 June, 2017. Accordingly, the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e under Section 35FF of the Central Excise Act, which provides that interest shall be granted to an assessee on being successfully in appeal at the prescribed rate on such amount of pre-deposit from the date of payment of the amount till the date of refund of such amount. Proviso further states that for the amounts deposited prior to commencement of Finance Act No. 2/2014 (with effect from 6 Augus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in case of Parle Agro Pvt. Ltd., being Final Order No. 70180-70181/2021 dated 24 March, 2021, that interest is payable @ 12% from the date of deposit till the date of refund. 6. Learned Departmental Representative relies on the impugned order and also relies on the Single Member Bench ruling of this Tribunal in the case of Hindustan Agro Insecticides (SMB-Hyd.) 2019 (367) ELT 699 and the Di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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