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
Central Excise - Highlights / Catch Notes

Home Highlights January 2025 Year 2025 This

CESTAT dismissed appeal regarding interest claim on refunded ...


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

January 29, 2025

Case Laws     Central Excise     AT

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.

View Source

 


 

You may also like:

  1. CESTAT denied interest claim on pre-deposit refund made u/s 35F of Central Excise Act. Pre-deposit from 2012 was refunded in 2018 post-favorable appeal outcome. While...

  2. 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...

  3. Interest claim for refund of amount deposited under protest was denied as the refund applications were processed within a month of receipt, falling within the...

  4. 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...

  5. 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,...

  6. Refund of amount pre-deposited as demand - Any amount which the respondent had deposited during investigation or at any time including at the time of filing the appeal...

  7. 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...

  8. Interest on delayed refund - Refund of pre-deposit alongwith Interest - assessee shall be entitled to refund of the amount deposited alongwith interest at prescribed...

  9. The appellant is entitled to interest on the refunded amount after the dispute was resolved in their favor by the Tribunal's order. However, the interest calculation is...

  10. The petitioner's denial of refund of input tax credit debited as a pre-deposit was challenged. The court held that the non-inclusion of freight and pumping charges...

  11. 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...

  12. 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...

  13. Refund claim - relevant date u/s 11B of CEA - refund application is time barred or not - The very perusal of section 35FF which talks about interest on delayed refund of...

  14. 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...

  15. Entitlement of interest on delayed refund of pre-deposit - seeking interest from the date of deposit till the date of its realisation under Section 35FF - The...

 

Quick Updates:Latest Updates