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2016 (7) TMI 633 - AT - Central ExciseClaim of refund - valuation - whether refund of VAT and interest received from the banks are not liable to be tax as duty of excise - refund claim was rejected on the ground that the duty was not paid under protest - Held that:- It is an admitted fact of this miscellaneous income by way of refund of VAT and interest received from the banks, the appellant is not liable to pay duty as these are not manufactured items and the assessee liable to be paid duty on the goods manufactured by them. As observed that the appellant was not required to pay duty, therefore, on pointing out by the audit team, any amount paid by the appellant shall be deposit made by them with the department although, the same has not paid under protest. In these circumstances, it is held that the amount paid by the appellant is not the duty and is only deposit. The revenue has no right to retain the said amount with them therefore, the appellant is entitled for refund claim to the amount deposit by them with the department. - Decided in favour of assessee.
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