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2009 (7) TMI 406 - AT - Central ExciseInterest on delayed refund - Duty paid in cash, pending classification dispute, without taking credit of duty on inputs, as it was not available - Total Modvat credit admissible to the appellants was more than the duty payable on reclassification. Therefore in the normal course they would not have paid any duty by using PLA. Therefore the total amount paid by them in cash becomes admissible as refund. Since the issue of unjust enrichment and limitation are not under challenge and there is no dispute about eligibility of the appellants for the refund and the refund to be allowed is only cash refund, it has to be held that appellants are eligible for interest on the refund claimed by them
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