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2016 (6) TMI 620 - CESTAT AHMEDABAD

2016 (6) TMI 620 - CESTAT AHMEDABAD - TMI - Claim of refund of interest and penalty paid earlier - whether the Appellant would be eligible for interest on penalty of ₹ 78,763/- and interest on interest of ₹ 2,03,472/- which was paid pursuant to the OIO and whether the rate of interest would be 6% or 12% p.a. - Held that:- Larger Bench of the Tribunal in the case of Advance Mechanical Works [2004 (12) TMI 107 - CESTAT, MUMBAI], after referring to the judgment of Hon'ble Supreme Court .....

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e OIA No. Commr(A)/137/VDR-II/2008, passed by Commissioner (Appeals), C.Ex. & S.Tax, Vadodara. 2. None present for the Appellant. Written submission was filed by the Appellant on 21.09.2015 with a request to decide the case on merit. Heard the ld. Authorised Representative for the Revenue. 3. Briefly stated the facts of the case are that the Appellants, pursuant to Order of the adjudicating authority paid Service Tax of ₹ 3,00,281/-, interest ₹ 2,10,912/- and 25% of penalty amoun .....

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ing interest of ₹ 63,618/- @ 12% p.a. for the delay of 328 days (06.10.2005 to 31.07.2005) in sanctioning the refund amount. Against the said claim the Adjudicating authority sanctioned ₹ 16,080/- @ 6% p.a. and rejected the balance amount of ₹ 47,538/-. The Appellant carried out the appeal before the Commissioner (Appeals), which was rejected. Hence, the present appeal. 4. The learned Authorised Representative for the Revenue submitted that the limited issue, which needs to be .....

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