CESTAT allows 12% Interest on refund of deposit paid under Section 35F

Elegant Developers Vs The Commissioner, Central Excise & CGST (CESTAT Delhi) It is observed that original Adjudicating Authority has awarded interest at the rate of five per cent. The said rate is the lowest rate in the amended Section 35FF. The amount in question is not an amount of duty but was an amount paid by way of deposit under Section 35F for availing the remedy of an appeal. The appeal has been allowed. Such an amount is bound to be refunded along with the appropriate consequential relief as that of interest. I draw my support from the decision of Hon’ble High Court, Mumbai in t...