TMI Blog2021 (11) TMI 868X X X X Extracts X X X X X X X X Extracts X X X X ..... ng investigation), have 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% per annum from the date of deposit till the date of refund. Such interest should be granted within a period of 45 days from the date of receipt or service of the copy of this order. Appeal allowed - decided in favor of appellant. - Excise Appeal No. 50229 of 2021-SM - FINAL ORDER NO. 52002/2021 - Dated:- 25-11-2021 - MR. ANIL CHOUDHARY, MEMBER (JUDICIAL) Shri Anubhav Goel, C. A. for the appellant Shri Mahesh Bhardwaj, Authorised Representative for the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 35EE. The appellant carried the matter before the Commissioner (Appeals) for not giving interest for the full period. The Commissioner (Appeals) was pleased to dismiss the appeal, observing that when Department recovers an amount for non justifiable reason or illegal or without authority of law, and then in that situation the Court awards interest. Further observing that the recovery should be held unjustifiable or it should be illegal recovery, in colourable exercise of power, and thus the Court has to look into each of the case, for award of interest. He further referred to ruling of the Hon ble High Court in Tata Iron Steel Co. Ltd., vs. UoI -2013 (295) ELT 526 (Jhar.). He further referred to Section 11BB of the Act and observed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. Learned Authorised Representative appearing for the Revenue relies on the impugned order. 8. Having considered the rival contentions, I hold that the applicable section for grant of interest is Section 35FF, which provides for grant of interest on the amount refundable pursuant to order of the Appellate Court. It is further provided in this section that interest should be granted from the date of deposit till the date of refund, without any discrimination. I further take notice that a Division Bench of this Tribunal in Parle Agro (P) Ltd., vs. Commissioner, CGST-2021-TIOL-306-CESTAT-ALL, wherein interest on pre-deposit (made during investigation), have been enhanced from 6% to 12%, following the ruling of the Apex Court in Sandvik A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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