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2016 (6) TMI 148 - AT - CustomsRefund claim - Department reduced the amount of refund to the extent the amount was paid utiliziing the Cenvat credit representing DEPB and not in cash - Held that:- Once such proposition is accepted there arises a refund of ₹ 1,66,990/- which was paid in cash as part of ₹ 6,27,213/- earlier paid towards duty liability. At this juncture, appellant says that there is no formula in the Customs law to reduce the refund by any proportion, adjusting duty liability arbitrarily, a part form DEPB scrips and part from cash. He is correct in his statement for the reason that there is no law in that regard. Therefore, appellant is entitled to refund of ₹ 1,66,990/-. If there is any interest payable that shall also be taken care by the Adjudicating Authority. - Matter remanded back
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