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2024 (1) TMI 36 - CESTAT KOLKATADemand of interest from the date of deposit during the investigation till its realization. The appellant insisted the decision of this Tribunal in the case of M/s Green Valley Industries Limited [2022 (4) TMI 560 - CESTAT KOLKATA] pressing that this Tribunal itself has given the interest from the date of deposit till its realization in similar set of facts - Revenue relied on the decision of the Hon’ble Apex Court in the case of Willowood Chemicals Private Limited [2022 (4) TMI 980 - SUPREME COURT], submits that the interest is entitled after three months from the date of filing of refund claim till its realization. HELD THAT:- Tthe said decision was not available before this Tribunal while dealing with the case of M/s Green Valley Industries Limited - The order of the case of M/s Green Valley Industries Limited [2022 (4) TMI 560 - CESTAT KOLKATA] was passed on 11.04.2022 whereas the decision of the Hon’ble Apex Court in the case of Willowood Chemicals Private Limited is dated on 19.04.2022. It is required to follow the decision of the Hon’ble Apex Court in the case of Willowood Chemicals Private Limited - the interest is allowed to the appellant after three months from the date of filing of refund i.e. 25.10.2013 till its realization i.e. 04.11.2015 - appeal disposed off.
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