9911796707
TMI Blog2022 (2) TMI 407X X X X Extracts X X X X X X X X Extracts X X X X ..... case in their favour by CESTAT's order dated 12.01.2018, the Refund sanctioning authority vide OIO dated 26.02.2018 sanctioned the entire refund amount and interest was granted only on Rs. 4,19,478/- considering the same as pre-deposit amount for filing of appeals. Aggrieved by the said OIO, the Appellant preferred appeal before the Commissioner (Appeals), demanding interest on amount of Rs. 49,32,934/- from the date of payment to the date of refund. This amount of Rs. 49,32,934/- deposited during the investigation and after original adjudication. The Commissioner (Appeals) rejected the appeal through OIA dated 31.03.2008 on the ground that payment over and above the amount of 7.5% or 10% as stipulated under Section 35F of Central Excise A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emanded respectively. This section further states that amount required to be deposited under this section should not exceed Rs. 10 Crores. Therefore, Section 35F merely sets minimum criteria of deposit that needs to be made before filing of appeals. It nowhere conveys that deposits more than 7.5% and 10% would not be covered under the section. On the contrary, it merely states that amount more than 10 Crores would not be covered under this Section. Accordingly, the deposit made during the investigation is clearly covered under the above section and therefore, the appellant is entitled to the interest in accordance with Section 35FF of the Central Excise Act, 1944 i.e. from the date of payment of amount till date of refund of such amount. Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pulated under Section 35F of the Central Excise Act, 1944 or Section 129E of the Customs Act, 1962, shall not be treated as deposit under the said sections. 5. We have carefully considered the submissions made by both the sides and perused the records. As per the facts of the present case the appellant suo moto deposited amount of duty during investigation. The said amount become refundable consequent to the tribunal's order dated 12.01.2018. Before this date there was no reason for refunding amount even in terms of Section 11B, if any, refund is arising out of the order of appellate authority. The relevant date for filing refund is within one year from the date of such order therefore, in the present case when refund itself was not arisin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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