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2017 (6) TMI 762 - AT - Central ExciseInterest on delayed cash refund - relevant date for calculation of interest - Section 11BB of the CEA, 1944 - Held that: - the issue is no more res integra as decided in the case of COMMISSIONER OF CENTRAL EXCISE Versus RELIANCE INDUSTRIES LTD. [2010 (10) TMI 190 - GUJARAT HIGH COURT], where it was held that as per the instructions issued by the Central Government refunds under Rule 57F of the erstwhile Central Excise Rules, 1944 would be governed by the provisions of Section 11BB of the Act. Rule 57F of the said Rules made provision for the manner of utilisation of inputs and credit allowed in respect of duty paid thereon. Sub-rule (13) of rule 57F made provision for refund of accumulated credit in case where for any reason it was not possible to adjust the same in the manner provided under the said sub-rule - the Appellant are eligible to interest on the refund amount of ₹ 54,38,980/- from the date of expiry of three months of filing the respective claim - appeal allowed - decided in favor of appellant.
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