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2017 (6) TMI 938 - CESTAT ALLAHABADLiability of interest - excess refund granted earlier - Held that: - in the earlier refund also under Rule 5 of CCR, 2002/2004 assessee was sanctioned ₹ 1,78,80,551/- being the amount sanctioned in excess and the same was recovered subsequently in April, 2005. Hence, for the period February, 2004 to April, 2005 as the said amount remained with the assessee, the interest was calculated amounting to ₹ 6,71,691/- and the same was adjusted out of the refund for the period October, 2004 to December, 2004 - the interest on refund excess granted earlier, have been rightly adjusted. Amount short debited - Held that: - the adjustment for the said amount upheld. Interest on delayed refund - Section 11 BB of the Central Excise Act - Held that: - there is no delay on the part of revenue, rather with the intervention of revenue, against the original refund claim amount of ₹ 3,56,18,711/- appellant was sanctioned a refund of ₹ 3,67,64,436/-. Thus, in the errors pointed out by revenue, which were finally corrected by the appellant in course of time and thereafter, we find, refund has been granted and sanctioned and also disbursed within a period of approximately one month, we hold that no interest under Section 11 BB of the Act is payable. Appeal dismissed - decided against appellant.
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