2006 (1) TMI 353

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....one on 3-6-2002. As there was no delay in payment of the amount due to the assessee, the question of granting interest on interest does not arise in respect of pre-deposit made on 1-8-1986. The appellants' contention is that they are manufacturers of Biscuits on job work basis and had been contesting the assessment issue from 1982 which came to be decided by the OIA passed by the Commissioner (Appeals), Hyderabad on 28-2-1997. The Revenue did not challenge this order and accepted the same. Consequently, Final order on assessment and return of deposit was passed on 3-6-2002 by the Deputy Commissioner. The balance of deposit sum of Rs. 20,57,960/- was returned to the assessee after adjusting the short-levy liability. It is contended that the ....

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....22/2004, dated 22-12-2004 that the appellants had deposited Rs. 40 lakhs vide interim orders given by the Hon'ble High Court of Andhra Pradesh in WPMP No. 3897/83, dated 4-4-1983. The Jurisdictional AC, Hyderabad, vide his adjudication order dated 25-7-1986, has ordered the assessee to file price lists adopting the assessable value based on the price at which the biscuits are sold by M/s. Britannia Industries Ltd. (BIL in short) from 1982 onwards. Aggrieved by the said order, the assessee filed an appeal before the Commissioner (Appeals) and the Commissioner (Appeals), vide OIA No. 255/86 dated 19-12-1986 has set aside the order of the Assistant Commissioner and held that the assessable value should be arrived at by taking into considera....

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....he above period were finally assessed by the Range officer confirming short payment of Rs. 19,43,000/-. The assessee, vide their letter dated 4-6-2001, requested the Deputy Commissioner to adjust the short payment of duty from the pre-deposit of Rs. 40 lakhs made by them and refund the balance amount of Rs. 20,57,960/-. The balance amount was finally ordered to be refunded to the assessee vide assessment order dated 3-6-2002 by way of credit in their personal ledger accounts. In view of this order and the assessment having been finalized vide adjustment dated 3-6-2002, as can be seen from these facts, the excess amount has been refunded on that date. It follows that the assessee is eligible for interest as prayed. The Revenue is not justifi....