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M/s Bhilwara Spinners Ltd. Versus CCE, Jaipur - II

Interest on delayed refund of pre-deposit - The Commissioner (Appeals) held that the date for interest calculation starts after three months from the date of refund application. The said three months cannot start from the date of original application as it was not in the prescribed manner supported by documentary evidence - the appellants filed claim for interest after six years of sanction of refund - time bar - Held that: - the appellants deposited an amount of ₹ 2 crores during the cour .....

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s connection, we note that the Board vide Circular dated 08/12/2004 held that such refund should be disposed of within three months from the date of the order of the Tribunal/Court etc., failing which due interest shall be payable - We find that the Original Authority categorically held that the amount of ₹ 2 crores is a pre-deposit amount, which was paid by the appellant at the investigation stage and the same has been considered as pre-deposit specifically vide interim order dated 06/07/ .....

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r No. 54602/2016 - Dated:- 28-10-2016 - Shri Justice Dr. Satish Chandra, Presichdent And Shri B. Raviandran, Member (Technical) Shri Yogesh Agarwal, Authorized Representative (DR) - for the Respondent Shri B.L. Narsimhan, Advocate - for the appellant. Per. B. Ravichandran :- The appellants are aggrieved by the order dated 02/03/2010 of Commissioner (Appeals), Jaipur - II. The appellants are engaged in the manufacture of yarn and fabric liable to Central Excise duty. Certain investigations were c .....

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ount without delay. On 03/5/2001, the appellants preferred an application for refund. The refund claim was sanctioned on 26/3/2002. On 08/4/2008, the appellant filed a letter claiming interest for delayed payment of refund. The claim was rejected by the order dated 29/8/2008. The said order was upheld by the Commissioner (Appeals). The Commissioner (Appeals) held that the date for interest calculation starts after three months from the date of refund application. The said three months cannot sta .....

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and vide final order of the Tribunal on 04/04/2001. The Tribunal directed the amounts deposited to be returned to the appellant without any delay. The refund was sanctioned to them and the cheque was paid only on 01/04/2002. Hence, it is prayed that they are rightly entitled for interest on delayed payment of refund. 3. The learned AR submitted that the appellant never agitated for any interest after the sanction of refund in 2002 and it is only in 2008 they are raising this issue. The claim cou .....

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