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2015 (8) TMI 1333 - CESTAT NEW DELHIInterest on delayed sanction of refund - Held that: - the refund application filed by the appellant was considered by the Department after three months from the date of filing the claim application. As per provisions of Section 11BB of Central Excise Act, 1944 the assessee is entitled for interest for the period beyond three months from the date of filing the refund application, till the date of receipt of the refund amount - The issue involved such as, payment of interest on delayed sanction of refund is no more res integra in view of the judgement of the Hon’ble Supreme Court in the case of Ranbaxy Laboratories Ltd. Vs. Union of India [2011 (10) TMI 16 - Supreme Court of India ]. Refund of CENVAT credit attributable to waste generated in the course of manufacture of exported goods - Held that: - Rule 5 of CENVAT Credit Rules, 2004 permits a manufacturer to claim refund of central excise duty or service tax paid on input or input services, used in the manufacture of final product which is cleared for export under bond or letter of undertaking. In the said Rule, there is no provision to proportionately reduce the refund attributed to waste, generated in the manufacture of exported goods. In the absence of any specific prohibition/restriction in the statute, total quantity of inputs including quantity of inputs contained in waste, for which refund claim was filed, the appellant is entitled for the benefits provided in the statute. Appeal dismissed - decided against Revenue.
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