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TMI Blog2024 (3) TMI 1108X X X X Extracts X X X X X X X X Extracts X X X X ..... s case: For the Petitioner: Ms. Priyanka Rathi, Mr. Ashwini Chandrasekaran, Mr. Abhishek Jain and Ms. Shubhangi Gupta, Advocates. For the Respondents: Mr. Akshay Amritanshu, Senior Standing Counsel with Mr. Samyak Jain and Mr. Ayush Raj, Advocates. JUDGMENT SANJEEV SACHDEVA, J. (ORAL) 1. Petitioner impugns Show Cause Notice dated 19.01.2024, whereby the petitioner has been directed to sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ember 2013 was rejected. 4. Petitioner thereafter filed an appeal before the Commissioner (Appeals), and by order dated 19.08.2021 Commissioner (Appeals) dismissed the appeal. 5. Petitioner thereafter approached the Custom Excise & Service Tax Appellate ["CESTAT"] Tribunal and by a final order dated 07.12.2022, the Tribunal held that the refund claim of the petitioner could not have been rejecte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was paid to the petitioner. Petitioner was refunded an amount of Rs. 8,55,34,345/- towards refund of CENVAT Credit and Rs. 4,69,83,731/- towards interest on delayed refund of CENVAT Credit. It is this amount which is sought to be claimed from the petitioner by the respondent and the petitioner has been directed to show cause as to why the said amount be not recovered along with interest and penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n'ble Supreme Court against the Hon'ble High Court Judgment/Order dated 12.07.2023. 14. Whereas, it appears that since the department has preferred SLP against the Hon'ble High Court Judgment dated 12.07.2023, the amount disbursed as interest on delayed payment amounting to Rs. 4,69,83,731/- is also liable to be recovered from the taxpayer along with interest applicable." 11. Befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fund of the CENVAT Credit, it would be open to the Revenue to seek interim orders of protection from the Supreme Court. The Revenue cannot after being unsuccessful before this Court, on its own, declare the refund of the CENVAT Credit as well as interest on delayed payment to be erroneous refund. Unless the Revenue is successful before the Supreme Court or the Supreme Court so warrants, there is n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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