2019 (11) TMI 247

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....notice was issued, demanding duty of Rs. 6.23 Crores, which on adjudication, was reduced to Rs. 5.11 Crores and the amount of Central Excise duty paid during the course of investigation, has been appropriated. Considering the said amount, this Tribunal directed to deposit further amount of Rs. 1.50 crores while disposing their application under Section 35F of Central Excise Act, 1944. Aggrieved by the said order, they filed an appeal before the Hon'ble Bombay High Court and Order dt.19.03.2009, the Hon'ble Bombay High Court directed to execute a bank guarantee for the sum of Rs. 1.50 Crores. After hearing their appeal finally, this Tribunal vide Order No.A/85566-85568/2018, dt.07.03.2018, allowed the appeals by way of remand to the lower au....

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....t in dispute that while disposing their application under Section 35F of Central Excise Act, 1944, this Tribunal, on 02.01.2008 directed them to deposit Rs. 2 Crores, of which Rs. 50.00 lakhs was already deposited, hence took into consideration the said deposit. The contention of the Respondent that on disposal of the appeal by CESTAT in their favour, they are entitled to interest on refund of pre-deposit, amount from the date of the stay order. Revenue's contention, on the other hand, that as per existing provision i.e. Section 35FF of Central Excise Act, 1944, the interest on pre-deposit is admissible only from the date, on expiry of 3 months consequent to the order of the Appellate authority in terms of Section 11BB of Central Excise Act....