Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (11) TMI 595

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... TAX, NOIDA (VICE-VERSA) [ 2021 (5) TMI 870 - CESTAT ALLAHABAD] held that, wherein interest on pre-deposit (made during investigation) has been enhanced from 6% to 12%, following the ruling of the Apex Court in SANDVIK ASIA LIMITED VERSUS COMMISSIONER OF INCOME-TAX AND OTHERS [ 2006 (1) TMI 55 - SUPREME COURT] . The Adjudicating Authority is directed to grant interest @ 12% p.a. from the date .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 0 and examined the records. The appellants deposited an amount of ₹ 89,42,650/- during the period from 31.01.2010 to 05.03.201, as directed by the Commissioner, Central Excise, Meerut vide Order dated 29.03.2012. A show cause notice dated 17.02.2011 was issued to the appellant, which was contested. Ld. Commissioner vide order-in-original dated 29.03.2012 confirmed the demand of ₹ 2,00, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... , and held that interest liability would arise only after 3 months from the date of filing of refund application. Since in this case, the refund application was filed only on 25.09.2018, the interest liability would start from 24.12.2018. As refund has been granted on 18.12.2018 within limitation period, no interest is payable. 6. Being aggrieved, the appellant is before this Tribunal. 7. Ld .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f deposit, till the date of refund. 10. Further, ld. Counsel in support of his contention also relies upon the following case laws:- (i) Parle Agro Pvt. Ltd. Vs. CCE 2018(360) ELT 1005. (ii) Kuil Fireworks Industries 1997 (95) ELT 3. (iii) Goldstone Engineering Ltd. 2005(181)ELT 11. (iv) Hindustan Coca-Cola Beverages Pvt. Ltd.-2015(324) ELT 299. (v) Final .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates