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2020 (12) TMI 502 - AT - Central ExciseInterest on delayed refund - Relevant date for calculation of refund - amount deposited during investigation being form part of pre-deposit - from the date of deposit till the refund of the pre-deposit of principal amount or otherwise? - Section 11BB of Central Excise Act - HELD THAT - The issue decided in the case of M/S. FUJIKAWA POWER AND M/S. KENZO INTERNATIONAL VERSUS CCE ST, CHANDIGARH-I 2019 (11) TMI 1197 - CESTAT CHANDIGARH where it was held that the appellants are entitled to claim interest from the date of payment of initial amount till the date its refund @ 12% per annum. The adjudicating authority is directed to grant interest from the date of deposit till the date of grant of refund @12% per annum - Appeal allowed - decided in favor of appellant.
Issues Involved:
1. Entitlement to interest on delayed refund from the date of deposit till the refund of the pre-deposit of the principal amount. 2. Applicability of Section 35FF of the Central Excise Act, 1944. 3. Relevance of judicial precedents from the Income Tax Act to the Central Excise Act. Issue-wise Detailed Analysis: 1. Entitlement to Interest on Delayed Refund: The appellants sought interest on the delayed refund of the pre-deposit amount from the date of deposit until the refund was made. The adjudicating authority denied this interest, stating that the amount deposited during the investigation was not considered a pre-deposit under Section 35F of the Act. The Commissioner (Appeals) upheld this decision, observing that there was no evidence of coercion in collecting the amount and no claim for refund was made before the Tribunal's final order. The Tribunal, however, found these observations erroneous, stating that the amounts deposited during the investigation should be treated as pre-deposits, entitling the appellants to interest from the date of deposit till the date of refund under Section 35FF of the Act. 2. Applicability of Section 35FF of the Central Excise Act, 1944: The Tribunal clarified that Section 35FF, as amended from 06.08.2014, entitles the assessee to interest on pre-deposits from the date of payment till the date of refund. The Tribunal rejected the argument that interest is only payable if the refund is delayed beyond three months from the date of the refund application, emphasizing that the provision aims to compensate the assessee for the financial loss due to the retention of funds by the Revenue. 3. Relevance of Judicial Precedents from the Income Tax Act to the Central Excise Act: The Tribunal referred to the Supreme Court's decision in Sandvik Asia Limited, which dealt with interest on delayed refunds under the Income Tax Act, noting that the principles are applicable to the Central Excise Act as well. The Tribunal highlighted that both statutes have pari materia provisions regarding interest on delayed refunds. The Tribunal also cited other High Court decisions supporting the entitlement to interest on delayed refunds and concluded that the appellants are entitled to interest at 12% per annum from the date of deposit till the date of refund. Conclusion: The Tribunal allowed the appeals, setting aside the impugned orders that denied interest. It directed the adjudicating authority to grant interest at 12% per annum from the date of deposit till the date of refund within sixty days from the receipt of the order. The judgment emphasized the need to compensate the appellants for the financial loss due to the delayed refund, aligning with the principles laid down by higher judicial authorities.
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