TMI Blog2022 (9) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... iew taken by the Allahabad in Pace Marketing is followed by the Division Bench of the Tribunal in M/S. PARLE AGRO PVT. LTD. VERSUS COMMISSIONER, CENTRAL GOODS SERVICE TAX, NOIDA (VICE-VERSA) [ 2021 (5) TMI 870 - CESTAT ALLAHABAD] . The appellant would, therefore, be entitled to interest at the rate of 12 per cent instead of 6 per cent from the date of deposit till the date of payment - appeal allowed - decided in favor of appellant. - Excise Appeal No. 51958 of 2019 - FINAL ORDER NO. 50906/2022 - Dated:- 21-9-2022 - MR. DILIP GUPTA, PRESIDENT AND MR. P.V. SUBBA RAO, MEMBER (TECHNICAL) Shri Akashdeep, Advocate for the Appellant. Shri O.P. Bisht, Authorised Representative of the Department ORDER This appeal is dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 16.09.2018 that the appellant submitted a communication dated 28.09.2018 seeking interest on the refund amount from the date of deposit. This application was allowed by the Assistant Commissioner by order dated 05.02.2019 sanctioning interest at the rate of 6 per cent. 3. The appellant filed an appeal before the Commissioner (Appeals) claiming higher interest at the rate of 9 to 18 per cent. The higher rate of interest was not granted by the Commissioner (Appeals) by the order dated 26.03.2019. 4. Learned Counsel for the appellant placed reliance upon a Division Bench decision of the Tribunal in M/s Parle Agro Pvt. Ltd. v/s The Commissioner, Central Goods Service Tax, Noida [Excise Appeal No. 70628 of 2019 decided on 25.05.2021] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 49) S.T.R. 389 (All.)] wherein after making reference to the judgment of the Supreme Court in Sandvik Asia Ltd. v/s Commissioner of Income Tax-I, Pune [2006 (196) E.L.T. 257 (S.C.)] interest was granted at the rate of 12 per cent per annum in matters relating to refund of amount deposited during investigation and adjudication, the Tribunal granted interest at the rate of 12 per cent instead of 6 per cent from the date of deposit till the date of payment. 8. The learned Authorized Representative appearing for the Department has placed reliance on the decision of the Madras High Court in C. Padmini Chinnadurai wherein the deposit made was considered as duty and refund was ordered with interest at the rate of 6 per cent in terms of the noti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
