2021 (11) TMI 595

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....artered Accountant for the appellant. Shri Anupam Kumar Tewari, Authorised Representative for the respondent. ORDER The issue is regarding claim of interest on refund of the pre-deposit made or deposit made during investigation, under protest. 2. The brief facts of the case are that the appellants are engaged in manufacture of sugar and alcohol in its factory. A team of Central Excise ....

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....to the Tribunal's aforesaid order, the appellant filed refund claim on 25.09.2018 of Rs. 62,45,253/- i.e. (Rs. 89,42,650/- minus Rs. 26,97,397/-), along with interest. The Assistant Commissioner allowed the refund of Rs. 61,47,462/- but rejected the request for grant of interest on the ground that Section 11 BB does not cover such cases. 5. On appeal, the Commissioner (Appeals) upheld the order....

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.... which they had taken loan from the bank, suffering interest liability. 8. Ld. Counsel further urges for refund of interest on pre-deposit or deposit during investigation, which was made under protest. 9. In support of his contention, he referred to the Tribunal's Final Order No.70180-70181/2021 dated 25.05.2021, wherein the Tribunal held that the appellant-assessee should be allowed interes....