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TMI Blog2025 (5) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... rt license, in the local market. Appellant was subjected to adjudication process after completion of legal formalities and was imposed with penalty of Rs. Five Lakhs by the Adjudicating Authority on 20.06.2000, against which it preferred an appeal before the CESTAT, on whose directions pre-deposit of Rs. 2,50,000/- u/s. 129 E of the Customs Act, 1962 was made . 3. Appellant had succeeded partly in its appeal by way of reduction of penalty vide CESTAT order No. A/248 & 249/WZB/06CII (CSTB) dated 28.02.2006 to Rs. One lakh from Rs. Five lakhs. Appellant sought for refund of balance Rs. 1,50,000/- after adjustment of the adjudged penalty amount of Rs. One lakh by submitting an application on dated 5.12.2006 but after repeated persuasion, it g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld have been honoured by the Refund Sanctioning Authority and the Commissioner (Appeals) but disregarding the same, they denied interest to the Appellant. On the other hand, Ld. Authorised Representative put emphasis on the relied upon decision. 6. Submissions made by parties are well taken but the fact remains that section 129-EE proviso clearly states that the amount deposited u/s. 129-E, prior to commencement of Finance Act (No. 2) Act, 2014 shall continue to be governed by the provision of section 129-EE, as it stood before the commencement of the said Act on dated 01.10.2014, in which interest was directed to be paid after the expiry of three months from the date of communication of the order of the Appellate Authority till it is pai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Excise Act and therefore, refund with interest should be paid to the Appellant within 15 days of receipt of letter from the Appellant seeking refund and para 5.3 states that even if Department contemplates appeal also, such refund alongwith interest would still be payable unless stay is granted by the Competent Appellate Authority. This being the facts on record and the position of law, Respondent Department is duty bound to pay interest after expiry of three month from the date of passing of order by CESTAT on 28.02.2006, as provided in the statute u/s. 129-EE of the Customs Act, 1962. 8. Now the question comes as to who shall bear the interest. The answer lies in para 5 of the CBCE circular No. 802/35/2004-CX issued on 8-12- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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