https://www.taxtmi.com/caselaws?id=757868 CESTAT Allahabad allowed the appeal regarding statutory interest on refund under Section 35FF of Central Excise Act, 1944. The tribunal held that interest payment on pre-deposit refund is mandatory and automatic, not dependent on assessee's claim. The adjudicating authority's failure to grant interest was a legal error that appellate authority must correct. The tribunal relied on precedent establishing that Section 35FF mandates interest payment regardless of whether pre-deposit was made in cash or through Cenvat credit, and irrespective of the Rs.10 crore limit under Section 35F. The impugned order was set aside. en-us Mon, 02 Sep 2024 00:00:00 +0530 Wed, 04 Sep 2024 08:18:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757868 CESTAT Allahabad allowed the appeal regarding statutory interest on refund under Section 35FF of Central Excise Act, 1944. The tribunal held that interest payment on pre-deposit refund is mandatory and automatic, not dependent on assessee's claim. The adjudicating authority's failure to grant interest was a legal error that appellate authority must correct. The tribunal relied on precedent establishing that Section 35FF mandates interest payment regardless of whether pre-deposit was made in cash or through Cenvat credit, and irrespective of the Rs.10 crore limit under Section 35F. The impugned order was set aside. Case-Laws Central Excise Mon, 02 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757868