The case pertains to the interpretation of amended provisions of ...

Interest on Pre-Deposit Amounts: Eligibility Dilemma Under Amended Excise Law Provisions.

Case Laws Service Tax

October 17, 2024

The case pertains to the interpretation of amended provisions of Sections 35F and 35FF of the Central Excise Act, 1944, regarding eligibility for interest on pre-deposit amounts. The appellant had deposited the entire pre-deposit amount on specific dates in 2015, after the commencement of the Finance (No. 2) Act, 2014, on 06.08.2014. The proviso to Section 35F categorizes pre-deposit amounts into two categories: (i) deposited prior to 06.08.2014 and (ii) deposited post 06.08.2014. For amounts deposited post 06.08.2014, the amended Section 35FF applies, while for amounts deposited prior to 06.08.2014, the erstwhile Section 35FF applies. The settled principle of statutory interpretation requires interpreting the statute in accordance with the words used. The CBEC circular clarified that where an appeal is decided in favor of the assessee, they shall be entitled to a refund of the deposited amount along with interest from the date of deposit to the date of refund u/s 35FF. The Tribunal held that since the circular was issued without qualification, subordinate authorities cannot introduce qualifications, and allowed the appeal.

View Source

← Previous Next →

The case pertains to the interpretation of amended provisions of ...

Interest on Pre-Deposit Amounts: Eligibility Dilemma Under Amended Excise Law Provisions.

Case Laws Service Tax

October 17, 2024

You may also like:

Interest on the pre-deposit - The Tribunal found that the issue revolved around whether the appellants were entitled to interest on the pre-deposit u/s 35FF of the...

Requirement of pre-deposit towards compliance with proviso to Section 43 (5) of RERA - liability of Appellant to pay interest is not in praesenti but in future -...

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...

Re-quantification of interest (on the refund of the pre-deposit) payment to the appellant - relevant time - The Tribunal focused on the applicable legal provisions,...

Refund claim of pre-deposit while appeal is pending - adjustment of amount was paid in lieu of pre deposit for filing the appeal before this Tribunal - Since the demand...

Entitlement of interest on pre-deposit - The interest on the pre-deposit refunded to the appellant is to be determined as pre amended Section 129EE of the Customs Act...

The order dismissing the appeal due to non-payment of the mandatory pre-deposit amount u/s 35F of the Central Excise Act, 1944 was challenged. The court relied on a...

Interest on delayed refund of amount - the amount was paid during the investigation under protest as pre-deposit - The appellant is entitled to claim interest from the...

Interpretation of Section 11D of the Central Excise Act, 1944, regarding the recovery of amounts collected as excise duty but not deposited with the government. The key...

Interpretation of statute - calculation of amount of pre-deposit u/s 18 of the SARFAESI Act - 50% of which amount the borrower is required to deposit as pre-deposit -...

Interest on Refund of the pre-deposit amount - In the present case, the amount was deposited by the respondent pursuant to the directions issued under the unamended...

Recovery of erroneous refund - amount paid by the appellant’s Chennai Unit towards the pre-deposit in connection with an appeal filed arising out of order in Tuticorin...

Interest on refund of amount deposited during investigation, prior to show cause notice issuance, must be paid from date of deposit till refund. Section 11B and 11BB of...

SVLDRS - determination of amount due and payable - Considering / Factoring the amount paid by the petitioner towards interest prior to the issuance of SCN - There are no...

Maintainability of appeal - requirement of mandatory pre-deposit - after 6.8.2014 neither the Tribunal nor the Commissioner (Appeals) have the power to waive the...

Quick Updates: