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2014 (12) TMI 443 - MADRAS HIGH COURTInterest on delayed refund - Refund of CVD paid despite exemption notification – unjust enrichment - whether the first respondent/assessee is entitled to claim interest from the date of application with regard to the amount which is refundable - Held that:- Even from a mere reading of the said Section, it is easily discernible that refund of excess duty should be paid within a period of three months from the date of receipt of an application and if no such refund is made within the stipulated period of three months, the applicant/assessee is entitled to get interest from the date of filing of such application - every application for refund of excess duty has to be considered within a period of three months and the refund should be made within that period and if no such refund is made, the applicant/assessee is entitled to get interest from the date of filing application. Under the said circumstances, in Section 27(A) of the said Act, the words “from the date of receipt of such application” have been used. Therefore, it is quite clear that the residual contention put forth on the side of the appellant cannot be accepted. It has already been pointed out that the Appellate Tribunal, as per the provision of the said Section, has rightly awarded interest and in view of the discussions made earlier, this Court has not found any error in the order passed by the Appellate Tribunal and further the substantial question of law settled on the side of the appellant is not having substance at all and altogether the present civil Miscellaneous Appeal deserves to be dismissed. - Decided against Revenue.
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