Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Tribunal Denies Interest on Pre-Deposit Refund u/ss 35F and 35FF of Central Excise Act After Timely Processing.

CESTAT dismissed appeal regarding interest claim on refunded pre-deposit u/ss 35F and 35FF of Central Excise Act. Appellant had deposited amounts through CENVAT account reversal, which were later appropriated as duty. Though Tribunal previously allowed appellant's main appeal, the current dispute centered on interest eligibility. Following statutory interpretation and Supreme Court precedent in similar cases, CESTAT determined that since refund was processed within prescribed timeframe, no interest was payable on pre-deposit amount. The Tribunal distinguished earlier decisions allowing 12% interest, noting those cases dealt with deposits made when no specific provisions for refund with interest existed. Appeal lacked merit as current statutory framework did not mandate interest payment under these circumstances. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates