9911796707
TMI Blog2009 (11) TMI 315X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. [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 Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide order dated 8-4-2004, again remanded the matter to the original authority with certain directions. in the adjudication proceedings, following the said remand order, the Commissioner confirmed demand of Rs.7,40,790/- (Rupees Seven lakhs forty thousand seven hundred and ninety only) and imposed penalty of Rs.5,00,000/- (Rupees Five lakhs only) on the appellant. On appeal against the said order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Tribunal and Tribunal ordered grant of interest for the period of delay in refunding the pre-deposit beyond 3 months of each of the final order. It was ordered that the appellants therein shall be granted interest for the delay in grant of refund of pre-deposit beyond 3 months of each remand order till the same amount was required to be pre-deposited in terms of the stay order of the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Ltd. (supra). We find that in most of the cases, the assessees have been allowed interest at the rate of 12% p.a. In the circumstances, we order that the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X
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