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2016 (6) TMI 612 - CESTAT CHENNAI

2016 (6) TMI 612 - CESTAT CHENNAI - TMI - Interest on refund - Held that:- There is a time gap between the refund received and paying back thereof to the Treasury. Learned Adjudicating Authority is directed to realise interest for the time gap due to availing of public money by the appellant and appropriate notice be issued in that regard upon calculation for recovery. - Adjudicating Authority is directed to conduct an enquiry within 15 days of receipt of this order on the basis of material .....

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aring, appellant forgoes to argue on the issue no.(i) & (ii) appearing at page 31 and 32 of the appeal folder. By this, no refund is admissible to the appellant on such count. Appellant says that the refund has also been paid back to the Treasury. But there is a time gap between the refund received and paying back thereof to the Treasury. Learned Adjudicating Authority is directed to realise interest for the time gap due to availing of public money by the appellant and appropriate notice be .....

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ctions have been raised contending that invoice was not available, registration number not available, name of the consignee, description, classification, time and date of removal, rate of duty, quality and value of the goods and duty payable not being verifiable, the appellant is not entitled to refund. All these queries could have been resolved conducting an enquiry fairly on the basis of the invoices placed before the Adjudicating Authority. Public Authority is expected to serve public interes .....

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