TMI Blog2015 (1) TMI 1181X X X X Extracts X X X X X X X X Extracts X X X X ..... refunded the same should be refunded within three months from the date of application of refund. C.B.E. & C. vide Circular No. 387/5/2001-JC, dated 25-10-2004 held that the application for refund of pre-deposit has to be decided within three months from the date of disposal of the appeal, if not, the interest is payable. Following the above decisions, the learned Commissioner (Appeals) granted int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, while considering the stay application filed by the respondent, this Tribunal has directed the respondent to make a pre-deposit of ₹ 1.5 crore. Later on, the matter was decided in favour of the respondent. Consequent to the decision of this Tribunal, the respondent filed a refund claim of pre-deposit on 2-12-1999. The refund claim was sanctioned only on 4-4-2001 after a delay of almost 16 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of ITC - 2005 (66) RLT 234 (S.C.) = 2005 (179) E.L.T. 15 (S.C.), the Hon ble Apex Court held that the amount deposited while considering the stay application as duty and if that is required to be refunded the same should be refunded within three months from the date of application of refund. C.B.E. C. vide Circular No. 387/5/2001-JC, dated 25-10-2004 held that the application for refun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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