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2010 (3) TMI 457 - AT - CustomsRefund of Interest- the respondent herein engaged in the manufacturing of software and were permitted to store duty free imported and indigenously procured goods. Respondent had applied for refund of an amount paid by them after de bonding of their manufacturing facilities. The said refund application was processed by the adjudicating authority and the adjudicating authority came to the conclusion that the respondent has paid an amount of Rs. 4,29,985/- excess than the amount which is liable to be paid by them on de-bonding of their unit. Coming to such conclusion, he sanctioned the refund claim of Rs. 4,29,985/- Rs. 2,23,245/- towards duty and Rs. 2,06,740/- towards interest). Aggrieved by such an order, Revenue filed an appeal before the ld. Commissioner (Appeals). Ld. Commissioner(Appeals) upheld the Order-in-Original. Hence this appeal. Held that- assessee was entitled to its refund even before provision to that effect was introduced w.e.f. 10.05.2008. it was more so as there was no evidence that it was actually payable by assessee, and Revenue could not retain amount collected by them without authority of law.
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