TaxTMI 
TaxTMI 
2017 (4) TMI 890
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.... Shri. Ajay Kumar, Joint Commissioner(A.R.) for the Respondent Order The issue involved in the present case is that whether the appellant is entitle for the interest on the refund of duty @ 12% on the delay sanction of refund in respect of pre-deposit of Rs. 1 crore consequent to setting aside the order appealed and remand of the matter to the Commissioner for re-computation of the demand. 2. ....
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....herefore appellant is entitle for the interest for the said delay in sanction of refund of pre-deposit. He submits that pre-deposit is only for the pendency of the appeal before the Tribunal, the moment the appeal is disposed of the amount pre-deposited stands refundable therefore for any delay, appellant is entitle for the interest. He placed reliance on the following Judgments: (a) Premier Mach....
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....cordingly refund did not arise immediately after Tribunal's order therefore there is no delay in sanctioning the refund, accordingly, appellant is not entitle for the interest. 4. I have carefully considered the submissions made by both sides and perused the record. 5. I find that from the date of the Tribunal's order, the refund was sanctioned after more than one year. The submission of....
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....lowed finally and no demand existing consequent to the Tribunal order, which is not the fact in the present case. The demand was very much existing at the time of passing Tribunal order for the reason that re-quantification was directed to the original adjudicating authority. Therefore in the present case it cannot be said that there is delay on the part of the department in sanctioning of the ref....