2007 (4) TMI 523 - AT - Central Excise

Summary

Issues involved: Grant of interest on pre-deposited amount when the impugned order was set aside and matter remanded.

In the present appeals, the dispute revolves around the grant of interest on the amount deposited by the appellant in accordance with the Tribunal's stay order. The pre-deposited amount of Rs. 1.50 lacs has been refunded to the appellant, but the interest on this amount has not been paid. The contention is whether the appellant is entitled to interest on the refund amount when the decision is in their favor. The matter was remanded by the Tribunal, and the Astt. Commissioner rejected the refund claim, stating that the party is not entitled to a refund until the case is finally decided in de novo proceedings. However, the Commissioner (Appeals) allowed the refund claim but rejected the interest component, citing that the issue has not attained finality. It is crucial to note that when a matter is remanded, the impugned order confirming the demand of duty is set aside, making any deposits made by the appellant refundable. The Commissioner (Appeals) held that the appellant is entitled to a refund of the pre-deposit but without interest, which is deemed unjustified. The same rationale that applies to the refund of the pre-deposit amount should also extend to the interest. Therefore, when an appeal is allowed by way of remand, the assessee should be entitled to interest on the refund of the pre-deposit amount. The judgment allows the appellant's claim for interest and directs the authorities to calculate the same in accordance with the law.

The matter was remanded by the Tribunal, and the Astt. Commissioner rejected the refund claim, stating that the party is not entitled to a refund until the case is finally decided in de novo proceedings. The Commissioner (Appeals) allowed the refund claim but rejected the interest component, citing that the issue has not attained finality. When a matter is remanded, the impugned order confirming the demand of duty is set aside, making any deposits made by the appellant refundable. The Commissioner (Appeals) held that the appellant is entitled to a refund of the pre-deposit but without interest, which is deemed unjustified. The same rationale that applies to the refund of the pre-deposit amount should also extend to the interest. Therefore, when an appeal is allowed by way of remand, the assessee should be entitled to interest on the refund of the pre-deposit amount. The judgment allows the appellant's claim for interest and directs the authorities to calculate the same in accordance with the law.