9911796707
TMI Blog2022 (1) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... Division Bench of this Tribunal in M/S. PARLE AGRO PVT. LTD. VERSUS COMMISSIONER, CENTRAL GOODS SERVICE TAX, NOIDA (VICE-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 - SUPR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jection of wrong availment of cenvat credit of ₹ 28,18,868/- duty of ₹ 6,63,442/- during the financial year 2008-09, 2009-10 April, 2010 on items of Iron steel and other objection for demand of duty. Show cause notice was issued on 30.03.2012 and demand was confirmed by the lower authority vide order dated 20.12.2013. On appeal, the Commissioner (Appeals) directed to make pre-dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal with consequential relief. 3. On being successful before the Tribunal, the appellant on 28.08.2019 filed refund claim of ₹ 10,44,693/- alongwith interest. The Adjudicating Authority vide order dated 31.10.2019, has allowed refund of ₹ 10,44,693/-, and credited in assessee s bank account on 17.12.2019. 4. In the above order dated 31.10.2019, the Adjudicating Authority has n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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. Accord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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