2020 (1) TMI 1687 - AT - Central Excise

Interest on refunded amount which was deposited during the investigation - HELD THAT - It is found that Commissioner (Appeals) has observed that the Adjudicating Authority while granting refund of the deposited amount did not discussed the issue of grant of interest. If that be so the matter needs to be remanded to the Adjudicating Authority for deciding the appellant s claim of interest. As such the impugned order is set aside and the matter remanded to Original Adjudicating Authority for fresh decision on the disputed issue. Appellants may be granted an opportunity to put forth their case before the Adjudicating Authority and to refer to and rely upon various decisions which they may choose. Appeal allowed by way of remand.

Summary

Issues involved: Claim of interest on refunded amount u/s Tribunal's decision.

The judgment addresses a specific issue where the appellants sought interest on the refunded amount they had deposited during the investigation, following their success before the Tribunal. The Commissioner (Appeals) noted that the Adjudicating Authority had not discussed the grant of interest while refunding the deposited amount. Consequently, the Tribunal decided to remand the matter back to the Original Adjudicating Authority for a fresh decision on the disputed issue. The appellants were granted the opportunity to present their case, refer to relevant decisions, and assert their claim for interest.