Case Law Details
Riba Textiles Ltd. Vs Commissioner of CE & S (CESTAT Chandigarh)
It was held that Appellant is entitled to interest for the period from the date of deposit (deposit made during investigation) to till date of refund and also amounts deposited by way of pre deposit at the time of filing of Appeals, shall be entitled to interest for the period from the date of deposit to till the date of refund. The Department argued that Appellant is entitled to interest only if the refund of amount deposited is not granted even after the expiry of three months from the date of final order of court or tribunal and not from the date of deposit. The Court repelled this contention. The appeal was argued by me on 07/01/2020.
FULL TEXT OF THE CESTAT JUDGEMENT
The appellant is seeking the interest on the delay refunds.
2. The facts of the case are that an investigation was conducted against the appellant by DGCEI in the year of 2000 and at that time on 18.01.2000, the appellant paid Rs. 4 lakhs and thereafter as per the direction of this Tribunal while entertaining the stay application, again, Rs. 50 lakhs was paid by the appellant during the period 08.12.2007 to 29.02.2008. Finally, the matter was decided in favour of the appellant in the year of 2015. Thereafter, the appellant claimed the refunds on the amounts paid during the course of investigation and at the time of entertaining the stay application. The said refund claims were sanctioned to the appellant on 02.06.2017, but the adjudicating authority did not consider the claim of interest of the appellant from the date of deposit till its realization. Against the said order, the appellant is before me.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
