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Issues: Entitlement to interest on the refunded pre-deposit under Section 35FF of the Central Excise Act, 1944, and the applicable rate and period for such interest.
Analysis: The pre-deposit made in the appeal was refundable after the earlier order was set aside and the matter was remanded. Section 35FF of the Central Excise Act, 1944 entitles the assessee to interest on such refunded pre-deposit, and Notification No. 24/2014-C.E. (N.T.) dated 12.08.2014 prescribes the rate at 6% per annum. Denial of interest on the ground that the refund was processed within 15 days of a purported complete claim was held to be unsustainable.
Conclusion: The appellant is entitled to interest at 6% per annum on the pre-deposit from the date of deposit till the date of realization, and the denial of interest is set aside.