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M/s Dr. Reddy’s Laboratories Ltd. Versus The Commissioner C. CE&ST, Hyderabad-IV

Entitlement to interest - Appropriation of rebate sanctioned against the rebate sanctioned earlier erroneously - Held that: - the issue whether the appellant is eligible for the rebate of ₹ 21,18,36,117/- has attained finality and said rebate for the earlier period has already been sanctioned and paid to the appellant. It is brought out form the Order-in-Appeal passed by the Commissioner (Appeal) that the appropriation was erroneous. On such findings, the claim of the appellant for the int .....

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14-10-2016 - Ms. Sulekha Beevi, C.S., Member (Judicial) Shri B. Seshagiri Rao, Advocate for the Appellant. Shri P.S. Reddy, AR for the Respondent. [Order per: Sulekha Beevi, C.S.] 1. The issue involved in these three appeals being the same they were heard together and are disposed by this common order. 2. The appellants are engaged in the manufacture of P and P medicaments falling under Chapter Heading No.3004 of Central Excise Tariff Act, 1985. They filed rebate claims for the duty paid by them .....

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d an appeal to the Commissioner(Appeals). The Commissioner(Appeals) allowed the appeal filed by the appellants, observing that the appropriation of the sanctioned rebate against ₹ 21,18,36,117/- is erroneous as the matter has not attained finality. The appellants vide letter requested the Dy. Commissioner to grant the refund along with interest. The rebate claims were thus taken for process and in the abvoe three appeals, the appellants were paid the refund /rebate vide three separate orde .....

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