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2016 (8) TMI 195 - CESTAT NEW DELHI

2016 (8) TMI 195 - CESTAT NEW DELHI - TMI - Refund - Excess interest deposited interest calculated at higher rate Held that:- excess interest paid was an arithmetic error and need to be rectified. Revenue not allowed to retain the excess amount appeal allowed decided in favor of appellant. - Appeal No. E/3722/2005-EX (DB) - Final Order No. 52683/2016-EX(DB) - Dated:- 28-7-2016 - Ms. Archana Wadhwa, Member (Judicial) And Shri V.Padmanabhan, Member (Technical) Shri O.P. Aggarwal, Advoc .....

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cation no. 19/2002 dated 13.05.2002, they calculated the interest at the rate of 24%. As such the interest deposited by the appellant was in excess to the tune of ₹ 14,178/-. 2. They subsequently claimed the refund of the same. The refund claim stands rejected by the lower authorities on the ground that there are no provisions for refund of excess interest paid. The order passed by the original adjudicating authority was confirmed by Commissioner (A). Hence the present appeal. 3. We find t .....

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ovisions for refund of the excess interest deposited by the assessee but we note know that there is no specific bar to reject the refund of the said interest amount. The refund has arisen on account of wrong calculation of the same and as such is on account of arithmetical error. Instead of paying interest of ₹ 23,630/- the appellants have deposited an amount of ₹ 37,808/-. This accountal error needs to be rectified and the Revenue cannot be allowed to retain the excess amount on the .....

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hat there is no provision under section 11B of the Central Excise Act, 1944 to grant the refund of interest. It is laid down at para 2.1 of Chapter 9 of supplementary instructions that any person, who deems himself entitled to a refund of any duties of excise or other dues, or has been informed by the department that a refund is due to him shall present a claim in proper form, along with all the relevant documents supporting his claim and also the copies of documents / records supporting his dec .....

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