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Commissioner of Central Excise Versus M/s. Thermax Limited

2016 (11) TMI 412 - BOMBAY HIGH COURT

Interest payable on delayed refund - Held that:- No substance in the contention for what the governing words are “if any duty ordered to be refunded under sub-section (2) of section 11-B to any applicant is not refunded …..”. Therefore, if that duty .....

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11-BB was brought on the statute book. - Central Excise Appeal No. 65 of 2015 - Dated:- 10-10-2016 - S. C. Dharmadhikari And B. P. Colabawalla, JJ. Mr. Swapnil Bangur with Mr. Vipul A. Bajpayee for the appellant Mr. Prakash Shah with Mr. Jas Sanghavi .....

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mand under that order was restricted to ₹ 72,84,929/-. Penalty was also imposed. 2. The demand in the show cause notice was ₹ 1,41,52,531. That was not entirely confirmed, but restricted as above. On the basis of these findings and conclu .....

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lowed. The assessee did not derive any refund, but the amount was adjusted against arrears of ₹ 87,34,160/-. The respondent/assessee filed a claim for interest of ₹ 18,77,109/- on the extra amount of ₹ 35,25,090/- (refund sum claime .....

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ppeal before the Commissioner (Appeals). That was dismissed on 26th July, 2005. However, when the assessee approached the tribunal, the tribunal allowed it on the basis of a view taken by the tribunal that on coming into force of section 11- BB of th .....

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ior to 26th May, 1995, the provisions of section 11-BB cannot be applied. 4. We do not see any substance in this contention for what the governing words are if any duty ordered to be refunded under sub-section (2) of section 11-B to any applicant is .....

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