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2010 (12) TMI 1156 - HC - Central ExciseRefund claim - Although the Tribunal has rejected the claim for refund, it appears that in compliance of the order passed by the Commissioner (Appeals) the refund was granted and thereafter proceedings were initiated for recovering the amount paid by way of refund - whether the order of the Tribunal deserves to be stayed during the pendency of the appeal? - Held that: - If the order impugned in the appeal is not stayed, then the petitioners would be required to return the amount already refunded to them. In that event, the cenvat credit deleted on account of refund granted, would have to be restored and the Appellants would be entitled to utilize the said credit on paying excise duty on domestic clearances, even during the pendency of the Appeal. Thus, it is a case of revenue neutral - it would be just and proper to stay the operation of the impugned order passed by the CESTAT dated 8th July 2010 and hear the Appeal on merits expeditiously - matter on remand.
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