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2015 (12) TMI 1054 - GUJARAT HIGH COURT

2015 (12) TMI 1054 - GUJARAT HIGH COURT - 2016 (334) E.L.T. A53 (Guj.) - Interest claim - Delayed refund claim - Whether in the facts and circumstance of the case, was the Tribunal right in law in allowing interest on delayed sanctioned of refund from the date of refund application, under Section 11BB of the Central Excise Act, 1944 - Held that:- We has perused a decision of the Hon’ble Supreme Court in the case of Ranbaxy Pharmaceuticals Limited v. Union of India, [2011 (10) TMI 16 - Supreme Co .....

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eal No. 381 of 2015 - Dated:- 30-7-2015 - A J Desai And A G Uraizee, JJ Appellant Rep. by : Ms Sejal K Mandavia, Adv Respondent Rep. by : None JUDGEMENT Per : A J Desai : By way of the present appeal under Section 35G of the Central Excise Act, 1954 the Commissioner of Central Excise and Customs has challenged order dated 7th January 2015 passed in Appeal No.E/114/2007-DB by Customs, Excise and Service Tax Tribunal, West Zonal Bench, Ahmedabad by which the Tribunal has held that the respondent w .....

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1944. 2. We have heard Ms Sejal Mandavia, learned advocate appearing for the appellant-revenue. It is the case of the appellant that the Tribunal has erred in allowing the appeal and erred in law on holding that the respondent shall be entitled for the interest on refund immediately from the expiry of three months from the date of his application for refund. As per her submission, the person would be entitled for interest only from the date of possession and not from the completion of 3 months .....

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