2021 (11) TMI 868

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....ardwaj, Authorised Representative for the respondent ORDER The issue involved in this appeal is for grant of interest under Section 35FF, from the date of deposit till the date of refund. 2. The appellant - M/s Jovex International is engaged in the manufacture of Ayurvedic Medicinal products falling under chapter 33 of the Central Excise Tariff Act, 1985 and were clearing the product with....

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....also annexed the letter of HDFC Bank, confirming payment of Rs. 25 lakhs in the month of October, 2011. The Assistant Commissioner was pleased to pass the order of refund for a sum of Rs. 25 lakhs. So far the interest is concerned, he granted interest @ 6%, for a truncated period of 68 days instead of allowing the interest as per Section 35EE. The appellant carried the matter before the Commission....

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.... 5. Being aggrieved, the appellant is before this Tribunal inter alia on the ground that the Commissioner (Appeals) have erred in relying of the provisions of Section 11BB, whereas the applicable provision in the facts of the present, is Section 35FF. Section 35FF provides for grant of interest (as amended and substituted w.e.f. 06.08.2014), which provides that on an amount deposited by the appe....

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.... iv) Sandvik Asia Limited (S.C.) v) Central Excise, Chennai-II vs. UCAL Fuel Systems Ltd., vi) CNH Industrial India Pvt. Ltd., vs. CC, CE & ST Noida (28.12.2018 CESTAT-Allahabad): MANU/CN/0190/2018. 7. Learned Authorised Representative appearing for the Revenue relies on the impugned order. 8. Having considered the rival contentions, I hold that the applicable section for....