TMI Blog2022 (4) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... ances, Division Bench of this Tribunal in the case of M/S. PARLE AGRO PVT. LTD. VERSUS COMMISSIONER, CENTRAL GOODS SERVICE TAX, NOIDA (VICE-VERSA) [ 2021 (5) TMI 870 - CESTAT ALLAHABAD ] held that an assessee is entitled to interest on such pre-deposit on being successful in appeal, from the date of deposit till the date of refund @ 12% p.a., following the ruling of Hon ble Supreme Court in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 35FF of the Act. 3. The appellant is engaged in the manufacture of pharmaceutical products and was claiming exemption for their product Phenotil as per Sl. No. 59 of Notification No. 6/2002-CE as amended by Notification No. 04/2006-CE dated 01.03.2002. 4. As Revenue had disputed the exemption, the appellant contested the same and at the same time started depositing the duty under protes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h cenvat. Thereafter, the appellant-assessee preferred appeal before this Tribunal, with respect to the total rejected refund amount of ₹ 9,35,97,502/-. In the meantime, Revenue pressurised the appellant to deposit the amount of refund, which was earlier sanctioned and disbursed, that the same should be deposited back with interest. A copy of such demand letter dated 01.08.2018 has been plac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uested for refund, including amount of pre-deposit of ₹ 3,24,05,000/- with interest as per Rule. Although, the amount of pre-deposit has been refunded, the claim of interest was not allowed under Section 35FF of the Act, has been rejected on the observation that the refund have been given within three months from the date of application for refund being 23.09.2019, and accordingly it was hel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of refund @ 12% p.a., following the ruling of Hon ble Supreme Court in the case of Sandvik Asia Ltd. vs. CIT-I, Pune -2006 (196) ELT 257 (SC). 11. Accordingly, I allow this appeal and hold that the appellant is entitled to interest @ 12% p.a., from the date of deposit till the date of grant of refund. I further direct the Adjudicating Authority to disburse the amount of interest within a per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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