2023 (6) TMI 411

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....r : Mr. Mukul Singla, Advocate   For the Respondents : Mr. T.K. Joshi, Sr. Panel counsel. RITU BAHRI, J. The present petition under Article 226/227 of the Constitution of India is for issuance of writ in the nature of mandamus, for issuance of direction to the respondent Nos. 2 and 3 to sanction refund of Rs. 24,39,600/- along with interest, as learned Tribunal, vide order dated 16.0....

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....s. 24,39,600/- as per rules. However, his claim for grant of interest has been declined. It has been submitted that Section 35FF of the Act provides for payment on interest on the amount deposited by an assessee under Section 35F of the Act. The petitioner in the present case has not deposited any amount under Section 35F of the Act. Further Section 35FF of the Act was substituted w.e.f 06.08.2....

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....f Rs. 48,77,602/- already deposited by the petitioner during the course of investigation was appropriated. The balance amount of Rs. 40,66,478/- was to be recovered from the petitioner alongwith interest. The amount of Rs. 5,00,201/- deposited as interest by the petitioner was appropriated against the total liability of interest recoverable from the petitioner. A penalty was imposed amounting t....

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.... Ltd vs. CIT, Pune 2007 (8) STR 193 appellant was held entitled to claim the interest on delay refund from the date of deposit till realization. The revenue then file an appeal before this Court, vide CEA No. 8-2022, which was dismissed on 14.03.2022 wherein it was held that it is not disputed that the provisions of Income Tax Act, 1961 and Central Excise Act, 1944 are pari materia and therefor....