Case Law Details
Green Valley Industries Limited Vs Commissioner of CGST & CX (CESTAT Kolkata)
The brief facts related to the case at hand are that the Appellant had succeeded in its appeal before this Tribunal vide FO 75527/2020 dated 22/10/2020 which had resulted in refund of Rs.78,16,265/-which was deposited by the Appellant during the investigation proceedings before the issuance of the Show Cause Notice on various dates i.e. 04/03/2012, 30/06/2012 and 02/02/2012.
Post the above order dated 22/10/2020, the Appellant filed a letter seeking refund of the amount along with interest from the date of making payment of amount till the date of refund. The Adjudicating authority vide Order-in-Original (OIO) dated 24/03/2021 allowed the refund of the amount, however no interest was paid by the Adjudicating authority on the ground that the payment of interest under section 35FF is applicable to delayed refund of amount deposited under proviso to section 35F of the Central Excise Act, 1944.
Being aggrieved by the said OIO dated 24/03/2021, the Appellant preferred an Appeal before the First Appellate Authority. The Ld.Commissioner (Appeals) vide Order dated 02/09/2021 allowed payment of interest for 35 days of delay but not from the date of payment as sought by the Appellant. Hence the present appeal.
From the facts of the case that it is not in dispute that the Appellant had deposited the amounts as refunded during investigation proceedings which was later on set aside by this Tribunal in part leading to the captioned refund of duty.
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