2022 (4) TMI 929

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....HOUDHARY, MEMBER (JUDICIAL) Sh. 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 ....

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....as rejected. 6. Thereafter, both appellant and Revenue 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 t....

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....order No.A/50146 - 50164/2019-Ex. (DB), the Tribunal 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, t....

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....s and circumstances, Division Bench of this Tribunal in the 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, Pun....