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TMI Blog2009 (11) TMI 315X X X X Extracts X X X X X X X X Extracts X X X X ..... Dated:- 9-11-2009 - S/Shri M.V. Ravindran, Member (J) and P. Karthikeyan, Member (T) Shri Rajeev Waglay, Advocate, for the Appellant. Shri V. Raja Ram, JDR, for the Respondent. [Order per: P. Karthikeyan, Member (T)]. - This miscellaneous applicalion has been filed seeking to issue directions to the Revenue to refund pre deposit of Rs.6,00,000/- (Rupees Six lakhs only) made by the appellant along with applicable interest under Rule 41 of CESTAT (Procedure) Rules, 1982. 2. The facts of the case are that adjudicating a show cause notice, the Commissioner of Central Excise, Visakhapatnam had demanded an amount of Rs.18, 31,871/- (Rupees Eighteen lakhs thirty one thousand eight hundred and seventy one only) and imposed equa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eposit. The appellants were entitled to interest for delay in refund of the pre-deposit beyond 3 months of each of the order of the Tribunal remanding the matter for de novo adjudication till the date when the same amount was ordered to be pre-deposited by the Tribunal to hear the subsequent appeal on the same issue. Interest was to be paid also for the period beyond three months of the final order allowing the appeal with consequential relief till 2-5-2009, when the pre-deposit was refunded following the final order. CBEC had issued circular allowing such interest on delayed refund of pre-deposit and invited our attention to the Circular dated 8-12-2004. The learned Counsel relies on several judicial authorities in support of the claim tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal with consequential relief. The Tribunal also observed that the CBEC had issued guide lines regarding payment of interest in respect of pre-deposit vide Circular dated 8-12-2004. We have also heard the ld JDR for the Revenue. 4. We have perused records and considered the submissions. We find that vide Circular No. 802/305/2004-CX., dated 8-12-2004, the CBEC informed its decision that pre-deposit shall be returned within a period of 3 months of the disposal of the appeal in assessee's favour. It was also decided that interest shall be payable for the delay in refund of pre-deposit. In the instant case, therefore, the appellants are entitled to interest in the manner allowed vide decision in the case of CCE, Lucknow v. India Polyfibres ..... X X X X Extracts X X X X X X X X Extracts X X X X
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