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2011 (8) TMI 954 - AT - Central ExciseWaiver of pre-deposit - refund - wrongly taking credit suo motto by the applicant – Held that:- applicant was eligible for refund of Rs.25/- lakh was settled way back in 2006 and that the Tribunal vide order dated 3.12.2009 held that the department was not entitled to adjust the interest amount from the refund of Rs.25/- lakh sanctioned on 8.1.2008. It has not been shown by the department that they have challenged the order of the Tribunal dated 3.12.2009 and got it set aside or got it stayed. pre-deposit waived
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