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2022 (4) TMI 929

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....Hemant Bajaj & Ms. Sukriti Das, Advocates for the appellant Sh. Gopi Raman, Authorised Representative for the respondent ORDER Heard the parties. 2. The dispute in this appeal is whether the appellant is entitled to interest on the amount of pre-deposit under Section 35FF of the Act. 3. The appellant is engaged in the manufacture of pharmaceutical products and was claiming exemption for their....

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....evenue were in cross appeal before the Commissioner (Appeals), who vide common order-in-appeal dated 26.04.2018 allowed the appeal of Revenue against grant of refund and rejected the appeal of the appellant -assessee relating to the amount paid through cenvat. Thereafter, the appellant-assessee preferred appeal before this Tribunal, with respect to the total rejected refund amount of Rs. 9,35,97,5....

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....held that the amount of Rs. 9,35,97,502/- (refund rejected), which was deposited under protest during the period April, 2006 to March, 2014, was refundable to the appellant. 8. Pursuant to being successful in appeal, the appellant requested for refund, including amount of pre-deposit of Rs. 3,24,05,000/- with interest as per Rule. Although, the amount of pre-deposit has been refunded, the claim o....

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.... case of Parle Agro Pvt. Limited vs. CCE, CGST, Noida -2021 (5) TMI 870- CESTAT Allahabad held that an assessee is entitled to interest on such pre-deposit on being successful in appeal, from the date of deposit till the date of refund @ 12% p.a., following the ruling of Hon'ble Supreme Court in the case of Sandvik Asia Ltd. vs. CIT-I, Pune -2006 (196) ELT 257 (SC). 11. Accordingly, I allow this ....