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TMI Blogrefund of deposit in service taxX X X X Extracts X X X X X X X X Extracts X X X X ..... Is the circular granting 6% interest as per Sec 35FF on refund of pre-deposit binding on the department or Tribunal? Can interest be claimed at 12%? Any case laws? Experts pls advice - Reply By Amit Agrawal - The Reply = One does not get inherent right to claim interest @ 12% where law specifically provides for interest @ 6% while refund pre-deposit made for filing appeal. It is w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orth noting that rate of interest @ 6% is as per Notification No. 24/2014 CE (N.T.) dated 12.08.2021 which is issued In exercise of powers conferred by section 35FF of the Central Excise Act, 1944 (1 of 1944) . Constitutional courts - in few cases - has granted higher rate of interest. But, in those case, generally specking, Dept. was at serious fault such as inordinate delay in granting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refund without any adequate reason etc. These are ex facie views of mine and the same should not be construed as professional advice/suggestion. - Reply By Amit Agrawal - The Reply = Please read as '....... dated 12.08.2014 ( not 12.08.2023) ......' - Reply By KASTURI SETHI - The Reply = Sh.Samir Agrawal Ji, Reply to Q.No. 1 : See the following circular. Binding na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture of Circulars and Instructions Clarification Circular No. 1006/13/2015-CX, dated 21-9-2015 Reply to Question No.2 Section 35 FF of Central Excise Act was made applicable to Service Tax vide Section 83 of the Finance Act, 1994 . Here is the judgement of CESTAT based on the judgement of Supreme Court on this very issue. 2021 (12) TMI 243 - CESTAT NEW DELHI - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PR. COMMR. OF CGST, NEW DELHI Versus EMMAR MGF CONSTRUCTION PVT. LTD. - Reply By Shilpi Jain - The Reply = Where the law provides for the rate of interest, that can be claimed. When no rate of tax is mentioned in the law, the Courts can then give a higher rate of interest as well, which was done in some cases in the past. - Reply By Padmanathan Kollengode - The Reply = I agree with views ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of expert that higher rate has to be allowed by Court and cannot be claimed as a matter of right. - refund of deposit in service tax - Query Started By: - samir agrawal Dated:- 7-7-2023 Service Tax - Got 5 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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