TMI Blog2015 (2) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 8,01,573/- was adjusted. The said letter also mentions that “higher officers at the relevant time were of the opinion that no show cause notice be issued for recovery of interest, hence no show cause notice was issued for the above amount. Learned Advocate has also made a statement at bar that even subsequent to the said letter, they have not been issued a show cause notice for confirmation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7; 8,01,573/- with consequential relief to the appellants. - E/3708-3710/2012-EX(SM) - Final Order Nos. A/50737-50739/2014-SM(BR) - Dated:- 14-2-2014 - Ms. Archana Wadhwa, Member (J) Shri Hemant Bajaj, Advocate, for the Appellant. Shri B.B. Sharma, AR, for the Respondent. ORDER All three appeals are being disposed of by a common order as the issue is identical. It is seen tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revenue felt was required to be paid by the assessee. 2. Learned Advocate is not disputing the adjustment of ₹ 1,23,376/- but submits that the said adjustment would be subject to outcome of their appeal pending before Supreme Court. In respect of balance amount, he submits that there was no show cause notice, no adjudication proceedings and no confirmation of demand by the proper off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Hon ble Karnataka High Court took a very serious note and observed that it was unfortunate that Revenue invoked such excuses for not paying back the assessee s amount, which are legitimately due to them. While upholding the order of the Tribunal, Hon ble Karnataka High Court also imposed penalty of ₹ 5,000/- on the Revenue. 4. The facts of the present case are identical to the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... show cause notice, affording a reasonable opportunity to the assessee to put forward its case and adjudicating the matter thereof. Such type of interest confirmation without following due principles of natural justice cannot be appreciated inasmuch as they represent only one sided view of the Revenue. As such, the adjustment of sanctioned rebate claims against the interest amount, which never stan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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