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2017 (9) TMI 614 - CESTAT MUMBAIDemand of interest - credit reversed by the appellant - The appellants have argued that in terms of Section 11B clause 11 (ce) of the explanation, the appellants are required to pay interest only from the date of the order of JS (RA) and not from the date when they had taken the credit - Held that: - Section 11AB (1) of the Act mandates to pay interest in addition to the duty erro0neously refunded from the date of sanction of such erroneous refund till the date of payment of such duty. The unambiguous wordings of the aforementioned Section 11AB (1) leave no scope for interpretation - interest upheld - appeal dismissed. CENVAT credit - credit availed as per SION norms in respect of export made - Held that: - The Cenvat Credit Rules permits availment of credit only in specific circumstances. It is not open to the appellant to take credit on estimated basis. Moreover, in the instant case, there is no basis for the appellant to avail the Cenvat Credit. The appellant had sought to take credit solely on the ground that the final goods manufactured out of the same were exported - The exporter cannot, on his own devise a new method to avail credit which not prescribed under the law - appeal dismissed. Appeal dismissed - decided against appellant.
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