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CESTAT allowed the appeals and set aside demands for interest. It held the appellant had lawfully opted for special rates under Para 2D and refunds must be computed per the subsequently fixed special rate; after adjustment only a net excess refund of Rs.50,96,571 remained. Recovery of interest on the entire provisional refund was declared untenable. The tribunal found the interest demand was raised without issuance of a show-cause notice under s.11A CEA, breaching principles of natural justice, and noted s.11AA CEA lacks the specific erroneous-refund interest provision formerly in s.11AB. Invocation of a surety bond without first raising statutory demand was also impermissible. No interest was payable on the net excess repaid on 21.03.2023.
CESTAT allowed the appeals and set aside demands for interest. It held the appellant had lawfully opted for special rates under Para 2D and refunds must be computed per the subsequently fixed special rate; after adjustment only a net excess refund of Rs.50,96,571 remained. Recovery of interest on the entire provisional refund was declared untenable. The tribunal found the interest demand was raised without issuance of a show-cause notice under s.11A CEA, breaching principles of natural justice, and noted s.11AA CEA lacks the specific erroneous-refund interest provision formerly in s.11AB. Invocation of a surety bond without first raising statutory demand was also impermissible. No interest was payable on the net excess repaid on 21.03.2023.
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