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    <title>2018 (4) TMI 214 - CESTAT BANGALORE</title>
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    <description>A predeposit made under section 35F is treated as a security deposit, not duty, and interest on its refund becomes payable if the amount is not returned within the prescribed period after the appeal is finally disposed of. The relevant starting point for computing delay is the date of the appellate order, as reflected in the departmental circular governing such refunds. Where the appeal has already been allowed and the refund is sanctioned only much later, the assessee is entitled to interest for the period beyond three months from the appellate order until actual refund. Denial of interest in such circumstances is unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=358103</link>
      <description>A predeposit made under section 35F is treated as a security deposit, not duty, and interest on its refund becomes payable if the amount is not returned within the prescribed period after the appeal is finally disposed of. The relevant starting point for computing delay is the date of the appellate order, as reflected in the departmental circular governing such refunds. Where the appeal has already been allowed and the refund is sanctioned only much later, the assessee is entitled to interest for the period beyond three months from the appellate order until actual refund. Denial of interest in such circumstances is unsustainable.</description>
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