2022 (8) TMI 926

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..../07/2008, which was confirmed vide O-I-O dated 17/12/2008 alongwith interest and equal penalty. This Tribunal vide stay order dated 20/07/2009 directed to deposit the full amount of duty and waived the amount of interest and penalty. Subsequently, this order was challenged before Hon'ble Chhatisgarh High Court in writ petition no. 6048/2009, whereas Hon'ble High Court by its order dated 07/12/2009 modified the stay order to deposit 50% of the adjudged duty. Thereafter, the appellant deposited amount of Rs. 62,99,682/- vide challan on 03/03/2010, as confirmed by Hon'ble Supreme Court. 3. Vide final order no. A/52427/2016-Ex DB dated 29/06/2016, this Tribunal allowed the appeal and set aside the impugned order-in-original with consequential ....

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.... that interest under Section 35FF shall be payable from the date of deposit (even if deposited during investigation/audit) till the date of refund. Further, it has been directed that rate of interest shall be payable @ 12% p.a., following the ruling of Hon. Supreme Court in the case of Sandvik Asia Ltd. - 2006 (196) ELT 257 (SC). Accordingly, he prays for allowing the appeal with consequential benefits. Learned Counsel further informs that during pendency of this appeal, the Adjudicating Authority have granted interest at the lower rate of 6% and have calculated the amount of interest arbitrarily for a shorter period. 5. Similar facts are there in the other four appeals. The amount of pre-deposit etc. is as follows:- Appeal No. Central E....