| The Tax Publishers2020 TaxPub(EX) 1006 CENTRAL EXCISE ACT, 1944
Section 35F
Assessee was entitled to claim interest on refund of the amount of pre-deposit in terms of section 35F after three months from the date of communication of the order of the appellate authority till its realization. Admittedly, the refund claim was sanctioned on 4-11-2019, whereas the order of this Tribunal was passed on 5-9-2019, therefore, no interest was payable to assessee.
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Pre-deposit - Interest on delayed refund of pre-deposit - Demand of interest from the date of deposit till its realization -
Assessee was in appeal against order wherein the claim of interest on delayed refund was rejected by authorities. In terms of the section 35F, CIT(A) directed assessee to make a pre-deposit to entertain the appeal and same was deposited by assessee. Assessee filed an appeal before the Tribunal and the Tribunal dropped the demand against assessee with consequential relief. Adjudicating authority sanctioned the refund claim to assessee in terms of the order of this Tribunal on the amount of pre-deposit made in terms of section 35F without interest. Assessee claimed the interest by filing this appeal from the date of deposit till its realization. Held: As the issue was decided by this Tribunal in M/s. Modern Dairies Ltd. (Order No. 60413/2020, dated 3-12-2020) that assessee was entitled to claim interest on refund of the amount of pre-deposit in terms of section 35F after three months from the date of communication of the order of the appellate authority till its realization. Admittedly, the refund claim was sanctioned on 4-11-2019, whereas the order of this Tribunal was passed on 5-9-2019, therefore, no interest was payable to assessee.
Followed:Union of India Through Director of Income Tax v. M/s. Tata Chemicals Ltd. (2014) 6 SCC 335 : 2014 TaxPub(DT) 1506 (SC) M/s. IFP Products (P) Ltd. v. Union of India & Anr. [Writ Tax No. 653 of 2017, dt. 20-9-2017] R.H.L. Profiles Limited v. Commissioner, Customs Excise And Service Kanpur [Central Excise Appeal No. 127 of 2015, dt. 26-4-2015] The Commissioner of Central Excise, Mumbai-III v. M/s. CEAT Ltd. 2013 TaxPub(EX) 2024 (Bom) M/s. Modern Dairies Ltd. v. Commissioner of CE & ST [Order No. 60413/2020, dated 3-12-2020] Commissioner of Central Excise & ST, Rohtak v. M/s. Som Flavour Masala (P) Ltd. 2020 TaxPub(EX) 690 (Chd) M/s. Fujikawa Power and M/s. Kenzo International v. CCE & ST 2019 TaxPub(EX) 635 (Chd)
REFERRED :
FAVOUR : Against the assessee
A.Y. :
IN THE CESTAT, CHANDIGARH BENCH
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