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TMI Blog2024 (7) TMI 303X X X X Extracts X X X X X X X X Extracts X X X X ..... ed during investigation or deposited during pendency of appeal is allowable under Section 35EE of the Act and has to be paid from the date of deposit till the date of refund. The Appellant is entitled to interest on the refundable amount of Rs.50,00,000/- from the date of deposit (03.06.2006) till the date of refund being 02.01.2020, @ 12% per annum - Appeal allowed. - HON BLE MR. P. K. CHOUDHARY , MEMBER ( JUDICIAL ) Ms. Pragya Pandey , Advocate Shri Pankaj Kumar , Advocate for the Appellant Shri Sandeep Pandey , Authorized Representative for the Respondent ORDER P. K. CHOUDHARY : The present appeal has been filed by the Appellant assailing the Order-in-Appeal No.186/CE/ALLD/2021 dated 13.07.2021 passed by Commissioner (Appeals) CGST Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Allahabad. The Hon ble Allahabad High Court vide its order dated 05.02.2019 dismissed the Department s appeal on the ground that the appeal is below the monetary limit so that appeal is dismissed. 12.07.2019 The refund application for the amount of Rs.50,00,000/- was filed by the Appellant on the ground that the amount was deposited by the Appellant during the investigation and cannot be said to be duty. Therefore, the amount which was deposited during the investigation shall be refunded alongwith interest from the date of deposit of the amount till the sanction of the refund. 02.01.2020 The learned Assistant Commissioner vide Order-in-Original No.04/CEX/Refund/ACK-I/2020 sanctioned the refund amount to the Appellant. But the learned Assist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in Sandvik Asia Ltd. Vs. Commissioner of Income Tax-I, Pune 2006 (196) E.L.T. 257 (S.C.). Learned Counsel further urges that the ruling of Division Bench of the Tribunal in Parle Agro have been confirmed by Hon ble Punjab Haryana High Court in Riba Textile Ltd. Vs. CCE ST, 2020 (2) TMI 602. Accordingly, she prays for allowing the appeal and grant of consequential benefits. 4. Learned Authorized Representative Shri Sandeep Pandey appearing for the Revenue justifies the impugned order. 5. Heard both sides and perused the appeal records. 6. I find that the issue herein is squarely covered on all four by the precedent ruling of Division Bench of this Tribunal in Parle Agro Ltd. (Supra) which has also been confirmed by Punjab Haryana High Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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