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TMI Blog2025 (2) TMI 947X X X X Extracts X X X X X X X X Extracts X X X X ..... te of interest applicable in such cases is 12% per annum as held in the cases of CCE, Panchkula Vs. Riba Textiles Limited [2022 (5) TMI 1531 - PUNJAB AND HARYANA HIGH COURT] Punjab and Haryana High Court and Sunrise Immigration Consultants Private Limited Vs. Union of India [2023 (6) TMI 411 - PUNJAB AND HARYANA HIGH COURT]. Reference also made to the decision of the Tribunal in the case of Indore Treasure Market City Pvt Ltd [2024 (5) TMI 367 - MADHYA PRADESH HIGH COURT] wherein the Tribunal after considering the various decisions of the Courts, has held that the assessee is entitled for interest on the amount of refund sanctioned @12% to be calculated from the date of payment till the date of disbursement. Also, in the case of Raghuveer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules, 2002. Aggrieved by the said order, the appellant filed the appeal before the Commissioner (Appeals) who vide the Order-in-Appeal dated 12.07.2018 upheld the Order-in-Original and rejected the appeals. Aggrieved by the same, the appellant filed appeal before the CESTAT and the CESTAT vide Final Order dated 21.02.2019 set aside the impugned order and allowed the appeals of the parties. Thereafter, the appellant vide letter dated 14.10.2019 filed refund application to the Deputy Commissioner for refund of Rs. 12,89,660/- along with interest, thereafter, a show cause notice dated 09.12.2019 was issued for rejection of the claim of interest on refund of Rs. 10,00,000/- and the Deputy Commissioner, Phagwara vide Order-in-Original dated 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ), New Delhi - Hon'ble Cestat Final Order No. 58537/2024 dt. 06.09.2024 * Continental Engines Pvt. Ltd. Vs. Commissioner (Appeals), C. Ex. & CGST, Jaipur-I- 2022 (382) E.L.T. 522 (Tri. - Del.) * Allied Chemicals & Pharmaceuticals Pvt. Ltd. Vs. Commissioner Of Central Excise & CGST, Jaipur - 2022 (382) E.L.T. 371 (Tri. - Del.) * Pensla Exports Pvt. Ltd. Vs. CCE 2020-TIOL-78- CESTAT-CHD. 5. On the other hand, Ld. AR reiterated the findings of the impugned order and submits that the appellant is not entitled to any interest on Rs. 10 lakhs which was deposited during the investigation because there was no provision for grant of interest under Section 35FF prior to 06.08.2014. Ld. DR also relied upon the decision of the Hon'ble Apex C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions Pvt. Ltd Vs. CGST, Chandigarh, 2023 (4) TMI 433 - CESTAT Chandigarh. 9. Further, I may refer to the decision of the Tribunal in the case of Indore Treasure Market City Pvt Ltd (supra) wherein the Tribunal after considering the various decisions of the Courts, has held that the assessee is entitled for interest on the amount of refund sanctioned @12% to be calculated from the date of payment till the date of disbursement. This decision of the Tribunal was challenged by the Revenue before the Hon'ble Madhya Pradesh High Court and the Hon'ble High Court vide its order dated 22.04.2024 reported as CGST & CE vs. Indore Treasure Market City Pvt Ltd - 2024 (5) TMI 367 - MADHYA PRADESH HIGH COURT, has dismissed the Revenue's appeal and has h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s before the Tribunal and, in this appellate jurisdiction, such interpretation does not call for any interference. Further, as to the quantum of interest awarded, the Tribunal, which is a specialised body dealing in matters pertaining to excise duty, took into account the previous judgments of the Supreme Court, High Courts and the Tribunal itself to justify that the rate of 12 per cent per annum would apply in the facts of the present case. Again, since there is some basis to the award of interest by the Appellate Tribunal, the same does not call for any interdiction." 10.2. I also find that in the case of Raghuveer Metal Industries Ltd (supra), the Tribunal has held that the appellant is entitled to receive interest at the rate of 12% fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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