9911796707
TMI Blog2022 (1) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... VERSA) [ 2021 (5) TMI 870 - CESTAT ALLAHABAD] , wherein interest on pre-deposit (made during investigation) have been enhanced from 6% to 12%, following the ruling of the Apex Court in SANDVIK ASIA LIMITED VERSUS COMMISSIONER OF INCOME-TAX AND OTHERS [ 2006 (1) TMI 55 - SUPREME COURT] . Thus, the impugned order is set aside so far interest issue is concerned. The Adjudicating Authority is directed to grant interest @ 12% per annum from the date of deposit till the date of refund. Such interest should be granted within a period of two months from the date of receipt or service of the copy of this order - appeal allowed - decided in favor of appellant. - Excise Appeal No. 70486-70487 of 2020 - FINAL ORDER Nos. 70001-70002/2022 - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r grant of refunds alongwith interest. The commissioner (Appeals) ide common order-in-appeal dated 28.08.2020, has observed that undue enrichment is not applicable and the appellant is entitled to refund . He also observed that the appellant is entitled for interest after expiry of three months from the date of filing of refund claims under Section 11BB of the Act. The Assistant Commissioner in his subsequent order dated 15.12.2020 allowing the refund of ₹ 77,95,735/- ₹ 77,95,617/-, has mentioned that the appellant have not filed appeal against the order in appeal dated 28.08.2020 before the Tribunal. 3. Being aggrieved with the order dated 28.08.2020 of the Commissioner (Appeals) for non grant of interest on refund of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion for interest is Section 35FF and not Section 11BB. Accordingly, taking noticed that Division Bench of this Tribunal in Parle Agro (P) Ltd., vs. Commissioner, CGST-2021-TIOL-306-CESTAT-ALL, wherein interest on pre-deposit (made during investigation) have been enhanced from 6% to 12%, following the ruling of the Apex Court in Sandvik Asia Ltd., - 2006 (196) ELT 257 (SC). Thus, the impugned order is set aside so far interest issue is concerned. I further direct the Adjudicating Authority to grant interest @ 12% per annum from the date of deposit till the date of refund. Such interest should be granted within a period of two months from the date of receipt or service of the copy of this order. Accordingly, both the appeals are allowed. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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