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TMI Blog2018 (5) TMI 1677X X X X Extracts X X X X X X X X Extracts X X X X ..... mount deposited alongwith interest at prescribed rate from the date of making such deposit to the date of refund in terms of Section 35FF of the CEA 1944 or Section 129EE of the CA 1962. Thus, there is no reason as to why the interest in the present case be withheld. The appellant is entitled to the interest on the refund of its pre-deposit under Section 35FF of the CEA - Appeal allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... plication from the assessee praying for the refund of its pre-deposit is a mandate and the period of 3 months has to reckon from the date of filing of the application. It is impressed upon that the refund in the present case has been made within the permissible period of 3 months. Hence, the Department invite no liability of refunding the same alongwith interest. The authorities relied upon by the appellant are mentioned to not to be applicable to the facts of this case. Appeal is accordingly prayed to be dismissed. 4. After hearing both of the parties and perusing record of present appeal, the considered opinion of mine is that the refund of the pre-deposit of the appellant was announced in his favour way back by the order of this Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant interest at the rate specified in Section 11BB after the expiry of three months from the date of communication of the order of the appellate authority, till the date of refund of such amount." 5. The word used in the provision is "shall". Hence, it is a mandate that the amount of pre-deposit be refunded, consequent upon the order of the appellate authority, the interest as such for the time being fixed by the Central Government shall be paid on the ground of refund from the date of payment of amount till the date of refund of such amount. Though the ld. DR has impressed upon the mandate of a written application in this respect from the appellant, but the relevant provision i.e. 11B of the Act makes the application for such refund as di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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