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Central Excise - Highlights / Catch Notes

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CESTAT dismissed appeal regarding interest claim on refunded ...


Tribunal Denies Appeal on Interest Claims for Investigation Deposits Under Section 11BB of Central Excise Act

January 30, 2025

Case Laws     Central Excise     AT

CESTAT dismissed appeal regarding interest claim on refunded deposits made during investigation. While the deposited amount was initially appropriated by Original Authority as duty against demand, appellant sought interest on refund. Following Mafatlal Industries precedent on jurisdictional scope under Art. 226 and Art. 32, tribunal determined appellant's entitlement to statutory interest under Sec. 11BB of Central Excise Act from deposit date until actual refund date. Despite recognizing interest entitlement, appeal failed on other substantive grounds. Decision upholds legislative framework governing refund interest while respecting constitutional remedies' scope.

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