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TMI Blog2024 (6) TMI 377X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Authority is directed to grant interest upon the said amount, from the date of deposit till the date of grant of Rs.18,07,914/- @ of 12% per annum. Such interest should be given to the Appellant within a period of Ninety days from the date of receipt of copy of this order. Appeal allowed. - HON BLE MR. P. K. CHOUDHARY , MEMBER ( JUDICIAL ) Shri Bipin Garg, Advocate , Ms. Stuti Saggi , Advocate Shri Jwaria Kainaat , Advocate for the Appellant Shri A. K. Choudhary , Authorized Representative for the Respondent ORDER P. K. CHOUDHARY : The Appellant is engaged in the manufacture of MS Bars and Rods falling under Chapter 72. They were availing facility of Cenvat Credit on various inputs and capital goods. 2. The case of the Department was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . A/70095/2020-EX(DB) dated 14.01.2020 with the direction to decide the Appellant s claim of interest. The Adjudicating Authority did not agree with the submissions of the Appellant and rejected the claim of interest vide Order-in-Original dated 12.06.2020. The Commissioner (Appeals) considering the submissions made by the Appellant and agreed that the Appellant is entitled to interest on Rs.39,22,715/- from the date of deposit to the date of refund vide order dated 25.02.2021. However, he did not allow interest on Rs.18,07,904/-. 6. It was submitted by the Appellant that they had deposited the Cenvat credit amount along with interest amounting to Rs.18,07,904/- under pressure of the Investigating Officers though they were not liable to pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Vs. Commr. CGST [F.O. No.51631-51633/2020 dt. 07.12.2020] (xiii) CBEC Circular No.984/8/2014-CX dt. 16.09.2014 8. The Authorized Representative reiterates the findings of impugned order. 9. I have carefully considered the submissions made by both the sides and perused the appeal records. 10. The learned counsel on behalf of the Appellant submitted that they had deposited during investigation total amount of Rs.57,30,616/- (39,22,715 + 18,07,904). The learned Commissioner (Appeals) allowed interest on Rs.39,22,715/-. He however denied the interest on Rs.18,07,914/- with the observation that there is no provision for payment of compensatory interest on interest. It was the submission of the Appellant that they had paid total amount of Rs.57 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is in favour of the appellant, refund along with interest would still be payable unless such order is stayed by a competent Appellate Authority. 5.4 In the event of a remand, refund of the pre-deposit shall be payable along with interest. 5.5 In case of partial remand where a portion of the duty is confirmed, it may be ensured that the duty due to the Government on the portion of order in favour of the revenue is collected by adjusting the deposited amount along with interest. 5.6 It is reiterated that refund of pre-deposit made should not be withheld on the ground that Department is proposing to file an appeal or has filed an appeal against the order granting relief to the party. Jurisdictional Commissioner should ensure that refund ..... X X X X Extracts X X X X X X X X Extracts X X X X
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