Assistant Commissioner of CGST & Central Excise Vs. Devendra Singh Liquidator in Venus Rolling Mills Pvt. Ltd. – NCLAT New Delhi
NCLAT held that the circular has been issued on 10.03.2017. The Central Board of Excise and Customs is well aware of all the provisions of Customs and Excise Act and if there would have been such intention that if there is demand it can be adjusted by per-deposit amount there ought to have been some provision in the circular rather the provisions of the circular are otherwise. The circular clearly mentions that where the appeal is decided in favour of the party/assessee, he shall be entitled to refund of the amount deposited along with the interest. In case of remand, as per 26(iv) refund of pre-deposit is also contemplated to be made along with interest. Upheld the decision of the NCLT.
