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2016 (2) TMI 778 - AT - Central ExciseRefund claim of amounts remained unutilized in the CENVAT Credit account - refund claim on the ground that they had exported the fabrics processed by them - Held that:- In this case, the appellant had stock of grey fabrics lying in his factory premises filed declaration with the authorities and the said stock has been verified and found to be correct. The appellant had availed the CENVAT Credit of this stock, as provided under Rule 9A(3) of the Cenvat Credit Rules, 2002 and it is not disputed. It is also not disputed that the appellant has exported the entire fabrics manufactured by them, hence they are not in a possession to utilize the CENVAT Credit availed as there is no home clearances. Thus rejection of refund claim by the authorities is not in consonance with the law. Also the learned Counsel was correct in stating that the issue of availment of CENVAT Credit under Rule 9A of the Cenvat Credit Rules, 2002 on the goods lying in stock has been settled by this Bench in the case of P.K. International . [2014 (10) TMI 126 - CESTAT MUMBAI ] The interest claim by the appellant on amount of ₹ 79,177/- is required to be allowed as the appellant has contested the issue on which interest is to be paid. As regards the claim of the learned Counsel for interest of the balance amount of refund which was sanctioned by the adjudicating authority. As find that the adjudicating authority and there are no findings by the adjudicating authority. At the same time, there cannot be second opinion that if the refund is delayed by the department, the interest liability arises in order to meet end of justice. I hold that the interest liability arises in order to meet end of justice. The interest liability on the amount which has been sanctioned to the appellant needs to be granted from the date when the matter was remanded back by this Bench by order dated 15.6.2007.
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