2021 (11) TMI 242

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....or the appellant Shri Pradeep Gupta, Authorised Representative for the respondent ORDER The issue involved in this appeal is whether the appellant is entitled to interest under Section 35FF of the Act on the amount of pre-deposit, on being successful in appeal before the Tribunal. 2. The brief facts of the case are as under:- i) In a dispute relating, inter alia, with the avai....

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....X) dated 16.09.2014. iv) After verification of the pre-deposit amount and examination of the refund claim, the Assistant Commissioner upheld the claim as admissible and passed order-in-original No. 02/NG/AC/LRC/2020 dated 21.01.2020. However, she allowed only a part of it, being Rs. 15,50,846/- in cash and denied payment of the remaining amount of Rs. 34,44,144/-, by observing that this m....

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....est on the refund of pre-deposit is permissible only when the pre-deposit amount was paid in cash. 3. Being aggrieved by the said order-in-appeal dt. 24.06.2020, the appellant has filed the present appeal before this Tribunal. 4. Heard the parties. 5. Having considered the rival contentions, I find that Section 35FF provides for interest on the amount refundable to an assessee, pursuant t....