2018 (2) TMI 1392

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....excise duty on clandestine removal of finished goods and mis-use of the cenvat credit, the officers of the DGCEI searched the factory premises of the appellant and the premises of the directors. The unaccounted stock of copper ingots and copper wire found in the factory premises and Indian currency of Rs. 8 lakh found from the residence of one of the directors of the appellant were seized. During the course of investigation, the appellant had deposited Rs. 8 lakh. Upon completion of the investigation, the Department initiated show cause proceedings against the appellant, which culminated in the adjudication order dated 27.03.2009, wherein central excise demand of Rs. 4,34,73,450/- along with interest was confirmed against the appellant. Bes....

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.....2017. (ii) that the appellant should be entitled for refund of deposit with interest as per the provisions of Section 35 F of the Central Excise Act, 1944 and relied on the judgement of the Hon'ble Madras High Court in the case of Kaleesuwari Refinery Pvt.Ltd. - 2016(341) ELT 584 (Mad.) and UCAL Fuel Systems Ltd. - 2014 (306) ELT 26 (Madras). (iii) The alternative prayer made by the appellant is that the interest should be payable from the date of the order of the Tribunal, till its refund and relied on the judgment of the Allahabad High court in the case of Nanumal Glass Works - 2012 (284) ELT 15 (Allahabad). 3. Heard both the sides and perused the appeal records. 4. With regard to the seizure of currency by the Department, the ap....

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....fund should be paid along with interest at the prescribed rate. Further, Section 35 FF of the Act provides that in case of favourable order by the Appellate Authorities, the refund should be sanctioned within three months from the date of communication of such order to the adjudicating authority. In this case, since the favourable order was passed by the Tribunal on 26.12.2016 and the appellant has filed the refund claim on 31.01.2017, there is delay of only 4 days in sanction of the refund claim by the Department. Thus, as per the provisions of Section 11 B ibid, the appellant is entitled for interest for a period of 4 days, which has been rightly sanctioned by the Commissioner (Appeals). As regards the claim of the appellant that interest....