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2016 (2) TMI 949 - AT - Central Excise100% EOU - Debonding of EOU - whether the assessee had rightly paid the duty at the time of debonding from hundred percent EOU to EPCG Scheme and had debited an amount of ₹ 28,97,553/- towards payment of duty on indigenous capital goods and raw materials lying in the stock on the date of debonding and partly by way of the challan ER 7 rightly under the provisions of Rule 11(3) of Cenvat Credit Rules, 2004? - Held that: - there was no requirement of consideration of the refund claim under the provisions of N/N. 5/2006-C.E. Accordingly I set aside the remand order of the Commissioner (Appeals). I further hold that the appellant is entitled to refund of the amount of ₹ 28,97,553/- which was rightly paid at the time of debonding by debit to Cenvat and the appellant was subsequently made to deposit the same again, in cash and for which a refund claim was filed within the period of 12 months from the date of payment being 24-12-2007. Accordingly the appellant-assessee is entitled to refund of the said amount and I direct the Adjudicating Authority to grant the refund within a period of 45 days - appeal disposed off - decided partly in favor of assessee and partly in favor of Revenue.
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