TMI Blog2021 (11) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... any distinction between pre-deposit made by way of cash/ LPA or by way of cenvat credit account - the finding of learned Commissioner (Appeals) is erroneous that no interest is payable whether the pre-deposit is made by way of debit in cenvat credit account. The Adjudicating Authority is directed to disburse the interest @12% per annum (on the refund amount of ₹ 49,94,990/-) from the date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019-CU (DB) dated 22.01.2019 Appeal No. ST/51754/2015 (DB). In this appeal an amount of ₹ 49,94,990/- had been deposited as pre-deposit. ii) After receipt of the Tribunal s order, the appellant submitted an application vide letter No. PE/501/ADMN/14-15/264 dated 04.02.2019 to the Assistant Commissioner, CGST (Refund Legacy Cell), Nehru Place, New Delhi for granting refund of the amount o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Assistant Commissioner did not make any mention of the payment of interest in her order. v) On appeal against the Assistant Commissioner s order, the Commissioner (Appeals-I), Delhi set aside the appropriation of ₹ 34,44,144/- and allowed its refund vide order-in-appeal dated 24.06.2020. vi) However, as regards, the prayer for interest on the amount of refund of pre-deposit, the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngly, the finding of learned Commissioner (Appeals) is erroneous that no interest is payable whether the pre-deposit is made by way of debit in cenvat credit account. Accordingly, this appeal is allowed and the impugned order is modified to the extent of denial of interest. 7. I further direct the Adjudicating Authority to disburse the interest @12% per annum (on the refund amount of ₹ 49 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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