2007 (3) TMI 468 - AT - Central Excise

Summary

Issues involved: Entitlement to interest on duty deposit u/s Assistant Commissioner's order when appeal allowed by Tribunal.

The short question in the present appeal is whether the appellant is entitled to interest on the duty amount deposited by them following the Assistant Commissioner's order, which was later confirmed, when the Tribunal finally allowed the appeal.

The Commissioner (Appeals) acknowledged previous Tribunal decisions and Supreme Court rulings granting interest on pre-deposits by assessees. However, a distinction was made in the appellant's case. It was noted that in earlier cases, deposits were made based on orders u/s 35F, whereas the appellant paid without such orders. Consequently, the Commissioner held that the amount paid by the appellant did not qualify as a pre-deposit u/s Section 35F of the Central Excise Act, thus denying interest on the deposit.

Section 35F of the Central Excise Act mandates an assessee to deposit the full duty and penalty as a condition for appeal hearing. The Tribunal has the discretion to waive this deposit requirement. Merely because the appellant voluntarily deposited the amount without a Tribunal order does not exclude it from being considered a pre-deposit u/s Section 35F. It is established that such pre-deposits accrue interest within three months of the Tribunal's order, as per the Supreme Court's decision in the case of ITC Ltd., 2005 (179) E.L.T. 15 (S.C.).

Consequently, the impugned order was set aside, and the appeal was allowed concerning interest. The authorities are directed to calculate the interest at applicable rates for the relevant period related to the present appeal.