2008 (2) TMI 132 - HC - Central Excise

Refund of pre-deposit - case before the Tribunal was decided in favour of the Assessee and, therefore, the Assessee is entitled to refund of the amount that he had pre-deposited before the Tribunal - Merely because the Revenue has preferred an appeal and a substantial question of law has been framed does not mean that the Revenue can hold back the amount, which was pre-deposited by the Assessee pursuant to an order passed by the Tribunal

Summary

The Assessee sought a refund of the amount deposited for hearing an appeal before the Tribunal. The Tribunal's decision favored the Assessee, entitling them to the refund of the pre-deposited amount of Rs.30 lakhs. The Revenue was directed to make the payment within six weeks.