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2014 (8) TMI 436 - AT - Central ExciseInterest on delayed refund claim - Whether interest on delayed payment of refund sanctioned as per Rule 5 of the Cenvat Credit Rules, 2004 read with Section 11B of the Central Excise Act, 1944 is payable to the appellant or not - Held that:- admittedly the refund has been ordered under Rule 5 of the Rules and there was a delay in sanctioning the refund, in the circumstances, the provisions of Section 11BB of the Act would clearly be attracted and as such the Tribunal was justified in holding that the provisions of clause (c) of the proviso to sub-section (2) of Section 11B and consequently Section 11BB of the Act are clearly applicable to the facts of the present case and as such the respondent is entitled to interest on delayed refund of Cenvat Credit as claimed by it - Following decision of CCE, Vapi vs. Reliance Industries Limited reported at [2010 (10) TMI 190 - GUJARAT HIGH COURT] - Decided in favour of assessee.
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