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Central Excise - Highlights / Catch Notes

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The case involved the issue of pre-deposit during the pendency ...


CESTAT ruled on pre-deposit during appeal & interest on duty refund. Stay is exception, total duty payment is norm.

July 3, 2024

Case Laws     Central Excise     AT

The case involved the issue of pre-deposit during the pendency of appeal, applicability of Section 11B and unjust enrichment, and eligibility for interest on refund of duty paid. The Appellate Tribunal held that total duty payment was the norm, with stay being an exception. Pre-deposit u/s 35F was confirmed, with deposited amounts considered as mandatory pre-deposit. The tribunal referred to legal precedents regarding pre-deposit under similar laws. The decision clarified the distinction between full and partial pre-deposit. The tribunal ruled that the amounts paid under protest qualified as pre-deposit and were not subject to Section 11B. Interest on delayed refunds was granted post-amendment.

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