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TMI Blog2021 (12) TMI 243X X X X Extracts X X X X X X X X Extracts X X X X ..... SIA LIMITED VERSUS COMMISSIONER OF INCOME-TAX AND OTHERS [ 2006 (1) TMI 55 - SUPREME COURT] have held that such amount deposited during investigation and /or pending litigation is ipso facto pre-deposit and interest is payable on such amount to the assessee being successful in appeal, from the date of deposit till the date of refund. This appeal by the Revenue is dismissed. Further, it is directed that the Adjudicating Authority shall disburse the amount of interest @ 12% per annum forthwith, within a period of 45 days from the date of receipt of the copy of this order, as held by Division Bench of this Tribunal in Parle Agro (P) Ltd. - Decided against Revenue. X X X X Extracts X X X X X X X X Extracts X X X X ..... and dropped). The respondent filed refund claim on 09.10.2019 praying for refund of ₹ 2,47,32,326/- being the amount deposited by them with respect to the aforementioned show cause notices, which was deposited by the respondent vide debit in the cenvat register for the month of October, 2015, was also reflected in the ST-3 return for the period October, 2015 to march, 2016. 5. Vide the order-in-original dated 17.01.2020, the Assistant Commissioner allowed the refund of the principal amount. However, please to reject the interest claim, observed that the Department has to pay interest, if any, from the date on which Department was not entitled to hold the amount. In this case Department has issued deficiency memo dated 24.12.2019 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice or adjudication to assert that it is pre-deposit. Further, reliance is placed on the finding of the Adjudicating Authority. 7. Opposing the appeal, learned Counsel Shri Puneet Agrawal urges that the issue is not longer res integra as the Division Bench of this Tribunal in Parle Agro (P) Ltd., vs. Commissioner, CGST-2021-TIOL-306-CESTAT-ALL, following the ruling of the Apex Court in Sandvik Asia Ltd., - 2006 (196) ELT 257 (SC) have held that such amount deposited during investigation and /or pending litigation is ipso facto pre-deposit and interest is payable on such amount to the assessee being successful in appeal, from the date of deposit till the date of refund. 8. Considering the rival contentions, this appeal by the Revenue i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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