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2015 (1) TMI 122 - AT - Central ExciseRefund claim - Amount deposited during the course of investigation - Authorities rejected claim as premature - Held that:- In the case of Nelco Ltd. (2001 (1) TMI 102 - HIGH COURT OF JUDICATURE AT BOMBAY), the Hon’ble High Court of Bombay has held that in case of remand matter, Revenue is not entitled to hold on to the amount deposited by the assessee during the course of investigation as pre-deposit. The said view has been affirmed by the Hon’ble Apex Court. Therefore, I hold that the refund claim filed by the appellant is not premature and lower authorities is required to refund the amount of pre-deposit made by the appellant immediately. In these circumstances, I set aside the impugned order - Decided in favour of assessee.
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