Tribunal Orders Refund of Section 35F Pre-Deposit with 12% Interest After Successful Appeal Against Service Tax

CESTAT ruled in favor of appellant regarding refund of Rs.16,14,167/- deposited as pre-deposit under Section 35F. The amount was determined to be a mandatory pre-deposit for appeal consideration rather than service tax liability, making Section 11B's limitation period inapplicable. The tribunal rejected the department's contention regarding time limitation and non-submission of reconciliation statements. The appellant was granted refund with 12% per annum interest from deposit date. The ruling clarified that statutory appeals under Section 35F are maintainable subject to compliance with statutory conditions, and pre-deposits are refundable upon successful appeal. Original order rejected, appeal allowed with costs. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X