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TMI Blog2021 (7) TMI 814X X X X Extracts X X X X X X X X Extracts X X X X ..... CESTAT vide Final Order No.A/52539-52543/2017-EX(DB) dated 14.03.2017. Pursuant thereto, the appellant have filed refund claim of Rs. 15,00,000/- deposited by them during March, 2013 under Section 35 (F) of Central Excise Act, 1944 as pre-deposit in compliance with the direction issued by the CESTAT at that time. The Adjudicating Authority has sanctioned the refund claim in full along with interest from the date of deposit of the amount till the date of actual refund thereof. 2. The Revenue preferred appeal before the Commissioner (Appeals) on the ground that the interest on the refund claim should have been granted from the date of communication of the final order of the Tribunal till the date of grant of refund, and not from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Order No. SO/56093-56097/2013-EX (DB). Accordingly, the deposit was made vide challan dated 12.03.2013 of Rs. 5 lakh, dated 14.03.2013 of Rs. 7 lakh and dated 19.03.2013 of Rs. 3 lakhs, totalling Rs. 15 lakhs. Pursuant to final order of this Tribunal dated 14.03.2017, the appellant was successful in appeal and accordingly, prayed for refund vide letter/application dated 12.12.2017. The Adjudicating Authority was pleased to grant the refund and also granted interest @6% p.a. from the date of deposit till the date of refund. Following the guidelines contained in para 26 of the CBEC Circular No.1053/02/2017-EX dated 10.03.2017, wherein it was clarified that the assessee shall be entitled to refund of the amount deposited along with interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no longer res integra and in the case of J.K. Cement (supra), wherein under the similar facts and circumstances, this Tribunal following the ruling of the Hon'ble Supreme Court in the case of Sandvik Asia Pvt. Ltd. - 2016 (196) ELT 257 (SC) as well as of the Hon'ble Allahabad High Court in the case of Hello Mineral Water (P) Ltd. - 2004 174 (ELT) 422 (Allahabad) held that interest is payable from the date of deposit till the date of grant of refund. Further, the Division Bench of this Tribunal in Parle Agro Ltd. - 2018 (360) ELT 1005 (Tribunal-Allahabad) has held that interest is payable @12%, following the ruling of the Hon'ble Supreme Court in the case of Sandvik Asia Ltd. (supra). 8. Accordingly, the order-in-appeal is set aside. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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