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M/s. Asian Ply Wood Industries Versus Commissioner of Central Excise & Service Tax, Patna

2016 (8) TMI 441 - CESTAT KOLKATA

Eligibility for interest - expiry of three months from the date of filing of the refund i.e. from 17.06.2001 to 13.05.2008 and not from 13.09.2001 to 13.05.2008 - Held that:- in view of the decision of this Tribunal in the case of Balmer Lawrie & Co. Ltd. vs. Commissioner of C.Ex., Kolkata-VI [2014 (8) TMI 977 - CESTAT KOLKATA], for computing interest, the date of filing of refund claim be considered as the relevant date and not the date when the returned claim has been re-submitted after remova .....

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amount of interest sanctioned to the Appellant can be appropriated towards outstanding arrears of revenue - Held that:- in view of the decision of Hon'ble Gujarat High Court in the case of Anand Steel Rolling Works Pvt. Ltd. vs. Union of India [2009 (10) TMI 551 - GUJARAT HIGH COURT], the amount of refund calculated cannot be adjusted against the arrears of revenue. - Appeal partly allowed - Appeal No.E/80/2012 - FO/A/75226/2016 - Dated:- 19-2-2016 - Dr. D.M.Misra, Member(Judicial) On Merit for .....

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pursuant to this Tribunal Order No.A-934/Cal/2002 dated 19.08.2002. Since no interest was granted with the said refund claim, the Appellant filed an Appeal claiming interest for the period from 08.06.2001 till 14.05.2008. The Ld. Commissioner (Appeals) has remanded the matter to the Adjudicating Authority for calculation of interest vide Order dated 16.10.2008, if any, payable to the Appellant. The Adjudicating Authority after scrutiny of the records restricted the amount of interest for the pe .....

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16,452/- dated 17.03.2001 and the claim was returned to the Appellant on 24.05.2001 for filling the same with relevant documents. The refund claim was re-submitted on 13.06.2001. Therefore, the interest should be admissible to the Appellant from 13.09.2001 to 13.05.2008 and not from 17.03.2001. Further he has submitted that the rate of interest should be 6% and not 12% as claimed by the Appellant in view of the Judgment of this Tribunal in the Rajendra Kumar Jain vs. Commissioner of Customs (Por .....

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. Ltd. vs. Union of India [2010(258) E.L.T. 218 (Guj.)]. 5. The issues involved in the present Appeal are whether: (i) the Appellant are eligible for interest on expiry of three months from the date of filing of the refund i.e. from 17.06.2001 to 13.05.2008 and not from 13.09.2001 to 13.05.2008 as observed by the lower authority; (ii) the Appellants are eligible of interest @ 6% or 12%; (iii) the amount of interest sanctioned to the Appellant can be appropriated towards outstanding arrears of re .....

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