9911796707
TMI Blog2024 (4) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... n 28.12.2018 till its realization i.e. 01.09.2022. In terms of the decision of this Tribunal in the case of M/S. PARLE AGRO PVT. LTD. VERSUS COMMISSIONER, CENTRAL GOODS SERVICE TAX, NOIDA (VICE-VERSA) [ 2021 (5) TMI 870 - CESTAT ALLAHABAD] , the appellant is entitled for interest at the rate of 12% per annum - the appellant is entitled to interest on 7.5% of Rs.7,90,08,905/- from 28.12.2018 till 01.09.2022 at the rate of 12% per annum. Appeal disposed off. X X X X Extracts X X X X X X X X Extracts X X X X ..... ,905/- paid under protest was refunded to the appellant. No interest was paid by the adjudicating authority to the appellant. 2.7 The appellant filed an appeal before the ld.Commissioner (Appeals) for demanding interest from the date of deposit i.e.28.12.2018 till 01.09.2022. 2.8 The ld.Commissioner (Appeals) rejected the claim of interest. 2.9 Being aggrieved with the said order, the appellant is before us. 3. The ld.Counsel for the appellant submits that the appellant is entitled to claim interest under Section 35FF of the Central Excise Act, 1944 as they have paid the said amount under protest as it was a deposit. As they were paying interest by borrowings from the bank, he claimed that the interest is to be granted at the rate of 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to be deposited. Therefore, the provisions of Section 35FF of the Central Excise Act,1944, are not applicable to the balance amount deposited by the appellant i.e. 92.5%. 5. Heard both sides and considered the submissions. 6. On going through the facts which are not in dispute that the appellant made a deposit on 28.12.2018 of whole of the demand confirmed by way of adjudication i.e. Rs.7,90,08,905/- before filing the appeal, but as per amended provisions of Section 35F of Central Excise Act, 1944, which are applicable to the Finance Act, 1994 and the Service Tax Laws to file appeal before this Tribunal, the appellant was required to make pre-deposit of 7.5% of demand of Service Tax. 7. Prior to 06.08.2014, the assessee was required to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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