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2016 (8) TMI 441 - AT - Central ExciseEligibility for interest - expiry of three months from the date of filing of the refund i.e. from 17.06.2001 to 13.05.2008 and not from 13.09.2001 to 13.05.2008 - Held that:- in view of the decision of this Tribunal in the case of Balmer Lawrie & Co. Ltd. vs. Commissioner of C.Ex., Kolkata-VI [2014 (8) TMI 977 - CESTAT KOLKATA], for computing interest, the date of filing of refund claim be considered as the relevant date and not the date when the returned claim has been re-submitted after removal of defects. Therefore, the interest is admissible to the Appellant on expiry of three months from the date of filing of the refund claim. Rate of interest - eligible for interest @ 6% or 12% - Held that:- by taking note of the Judgment of Hon'ble Supreme Court in the case of Commissioner of Central Excise, Hyderabad vs. ITC. Ltd. [2004 (12) TMI 90 - SUPREME COURT OF INDIA], the rate of interest would be 6% not 12% as claimed by the Appellant. Appropriation of interest - Whether the amount of interest sanctioned to the Appellant can be appropriated towards outstanding arrears of revenue - Held that:- in view of the decision of Hon'ble Gujarat High Court in the case of Anand Steel Rolling Works Pvt. Ltd. vs. Union of India [2009 (10) TMI 551 - GUJARAT HIGH COURT], the amount of refund calculated cannot be adjusted against the arrears of revenue. - Appeal partly allowed
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