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Central Excise - Highlights / Catch Notes

Home Highlights February 2017 Year 2017 This

Refund - revenue filed an appeal against the order sanctioning ...

Central Excise

February 23, 2017

Refund - revenue filed an appeal against the order sanctioning refund order - mere filing of the appeal before the Tribunal did not result in granting an automatic stay order in favor of the respondents - refund allowed - AT

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  1. Tribunal has recalled the order passed by the it in favor of assessee after the decision of Apex court refusing to grant stay - AT

  2. Interest on refund - appellant is eligible for the interest from three months after the date of filing of the refund application till the amount of refund is sanctioned to him - AT

  3. Delay in filing of stay application - There is no time limit prescribed for filing of stay application - where the appeal is filed in time, stay application should be...

  4. Stay of recovery - ground for stay - Tribunal should have borne in mind while granting an interim order is that the assessee should have made out a prima facie case; the...

  5. Recovery of refund - the orders-in-original sanctioning the refund have already attained finality and the Revenue has not filed any appeal against the sanctioning of the...

  6. Grant of interest on the amount which was sanctioned as refund - Power of tribunal to grant interest - Refund of amount includes amount deposited with the Registrar of...

  7. Stay of Refund - Refund claim under rule 5 of CENVAT Credit Rules, 2004 – unable to utilize the credit on account of closure of their factory - grant of refund stayed - AT

  8. Interest on refund - claim of interest from the date of pre-deposit made against stay order - The refund claim was sanctioned within three months from the date of...

  9. Mere filing of appeal against the order of the Tribunal does not result in stay of the order passed by the Tribunal. It does not empower the Commissioner to ignore the...

  10. Denial of refund claim - Department has not accepted the Tribunal's order and has filed an appeal against the same in this Court - In the teeth of the clear language of...

 

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