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TMI Blog2021 (8) TMI 751X X X X Extracts X X X X X X X X Extracts X X X X ..... ong with interest on full amount @12% from the date of deposit till the date of granting refund, after making adjustments for the interest already granted - this appeal is allowed. - Excise Appeal No.50898 of 2020 (SM) - FINAL ORDER NO.51760/2021 - Dated:- 19-7-2021 - SHRI ANIL CHOUDHARY, MEMBER (JUDICIAL) Shri S.K. Mathur, Advocate for the appellant. Shri Pradeep Gupta, Authorised Representative for the respondent. ORDER The appellant in the course of investigation had made a deposit of ₹ 5 lakhs vide a challan dated 25.03.2008. Thereafter, central excise duty of ₹ 50,05,446/- was confirmed vide an order-in-original date 23.06.2014. Further, penalty was also imposed. The appellant in the appellate proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 % of demand amount of ₹ 50,05,446/- i.e. ₹ 3,75,408/- for which the parity has to make the pre-deposit at the time of filing of appeal. 5. Para no.5.1 of CBEC Circular dated 16.09.2014 laid down that Where the appeal is decided in favour of the party/assessee, he shall be entitled to refund of the amount deposited along with interest at the prescribed rate from the date of making the deposit to the date of refund in terms of Section 35 FF of the Central Excise Act . The rate of interest has been decided vide notification No.14/2014-CE(NT) dated 12.08.2014 as 6% per annum. Therefore, party is eligible for interest on ₹ 3,75,408/- from 23.09.2014 i.e. the date of filing of appeal in Hon ble CESTAT, New Delhi. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , shall not entertain any appeal: (i) under sub-section (1) of Section 35, unless the appellant has deposited seven and half percent of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of a decision or an order passed by an officer of Central Excise lower in rank than the Commissioner of Central Excise Act. Or Section 35FF of the Excise Act has been amended to provide for interest on delayed refund of pre-deposit from the date of pre-deposit made till the date of refund as against earlier provisions where interest was payable only if pre-deposit was not refunded within 3 months from date of communication of order of Appellate Authority. However, the new pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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