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2014 (9) TMI 950 - AT - Central ExciseCENVAT Credit - Refund claim - Held that:- Duty self-assessed by the appellant with respect to inputs lying in stock, as well as those lying in the finished goods, was paid in the month of July, 2004 and the interest was paid on 5-12-2005 through PLA. It is also observed from the case records that the adjudicating authority vide OIO, dated. 24-4-2007 has sanctioned refund of interest amount of ₹ 3,79,312/- as the same was paid on 5-12-2005 and the refund application was made on 17-11-2005. So far as the remaining refund claim amount of ₹ 38,22,813/- is concerned, the same represent the duty self-calculated by the appellant and paid suo motu. At the time of payment/reversal of CENVAT credit, Larger Bench decision in the case of CC., Rajkot v. Ashok Iron & Steel Fabricators Pvt. Ltd. (2002 (1) TMI 91 - CEGAT, NEW DELHI) was available. As per the provisions of Section 11B of the Central Excise Act, 1944, all the refund claims are required to be filed within the stipulated time limit prescribed. - Decided against assessee.
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