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2016 (11) TMI 1127 - AT - Central ExciseEntitlement to interest - Appropriation of rebate sanctioned against the rebate sanctioned earlier erroneously - Held that: - the issue whether the appellant is eligible for the rebate of ₹ 21,18,36,117/- has attained finality and said rebate for the earlier period has already been sanctioned and paid to the appellant. It is brought out form the Order-in-Appeal passed by the Commissioner (Appeal) that the appropriation was erroneous. On such findings, the claim of the appellant for the interest from the date of appropriation is not without basis. Further, the issue stands squarely covered by the decisions laid by the Supreme Court in Ranbaxy. Lab. Ltd. [2011 (10) TMI 16 - Supreme Court of India] Following the same, I hold that the appellants are eligible for interest from the date of appropriation till the date of actual payment of the refund - appeal allowed - decided in favor of appellant.
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