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2015 (11) TMI 827 - CESTAT CHENNAI

2015 (11) TMI 827 - CESTAT CHENNAI - TMI - Delayed refund - payment of interest on delayed refund - department appropriated the amount towards arrears of duty due involved - Held that:- Rebate was initially sanctioned and the same was appropriated towards dues arising out of Commissioner's Order. I find that the said appeal was filed against the Commissioner (Appeals) order and stay was obtained vide Tribunal's Misc. Order [2012 (6) TMI 794 - CESTAT CHENNAI] and it was subsequently extended by a .....

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High Court direction, the said amount was released by the authority in O-in-O dated 10.12.2012. I find that since the original amount was sanctioned on 18.11.11, 22.11.11, 23.11.11, 24.11.11, 25.11.11, which was initially appropriated but subsequently released on 10.12.2012, the appellants are eligible for the refund of interest on the delayed payment. - Decided in favour of assessee. - Appeal No. E/42414/2013 - Dated:- 24-4-2015 - R Periasami, Member (T) For the Petitioner : Shri Sandeep Thakur .....

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f Madras of Madurai Bench Order dated 29.10.2012, rebate amount of ₹ 29,42,034/- was sanctioned vide Order-in-Original Nos. 90-91/2011 dated 18.11.11, 92/11 dated 22.11.11, 93/11 dated 23.11.11, 94/11 dated 24.11.11 and 95/11 dated 25.11.11 and released the appropriated rate amount vide Order-in-Original dated 10.12.2012 and rejected the claim of interest. On appeal, the Commissioner (Appeals) upheld the Order of the adjudicating authority and dismissed the appeal of the appellant. Hence, .....

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unal against the Order. Meanwhile they have filed writ petition before the Hon'ble High Court of Madras and also writ appeals. Consequent on the Hon'ble High Court's order dated 29.10.2012, the Hon'ble High Court directed the department to pay the rebate amount. Therefore, the appellants are rightly eligible for interest on the delayed payment of rebate. The department has already paid the interest as per the Tribunal's Final Order in the appellant's own case in Final Ord .....

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