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TMI Blog2023 (6) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Respondents : Mr. T.K. Joshi, Sr. Panel counsel. RITU BAHRI, J. The present petition under Article 226/227 of the Constitution of India is for issuance of writ in the nature of mandamus, for issuance of direction to the respondent Nos. 2 and 3 to sanction refund of Rs. 24,39,600/- along with interest, as learned Tribunal, vide order dated 16.03.2018 (P-2) allowed the appeal of the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest has been declined. It has been submitted that Section 35FF of the Act provides for payment on interest on the amount deposited by an assessee under Section 35F of the Act. The petitioner in the present case has not deposited any amount under Section 35F of the Act. Further Section 35FF of the Act was substituted w.e.f 06.08.2014 by Section 106 of the Finance (No. 2) of 2014. The amount was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of investigation was appropriated. The balance amount of Rs. 40,66,478/- was to be recovered from the petitioner alongwith interest. The amount of Rs. 5,00,201/- deposited as interest by the petitioner was appropriated against the total liability of interest recoverable from the petitioner. A penalty was imposed amounting to Rs. 89,34,080/- under Section 78 of the Finance Act, 1994 and Rs. 10,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest on delay refund from the date of deposit till realization. The revenue then file an appeal before this Court, vide CEA No. 8-2022, which was dismissed on 14.03.2022 wherein it was held that it is not disputed that the provisions of Income Tax Act, 1961 and Central Excise Act, 1944 are pari materia and therefore, law laid down by Hon'ble the Supreme Court in the case of Sandvik Asia Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X
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