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2005 (11) TMI 425

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..... he Respondent. [Order]. The Appellants, Vijay Industries Projects Ltd., had paid under protest redemption fine of Rs. 1 lakh on 19-2-1992. Subsequently their case was decided in their favour by the Tribunal and hence their deposit was refunded to them. Now they have appealed against the Order of the Commissioner (Appeals) who rejected their claim for payment of interest on the redempti .....

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..... 2-2004 issued by C.B.E.C. Para 4 of the said Circular reads as follows :- ......in terms of Hon ble Supreme Court s order such pre-deposit must be returned within 3 months from the date of the order passed by the Appellate Tribunal/Court or other Final Authority unless there is a stay on the order of the Final Authority/CESTAT/Court, by a superior Court. 4. Learned Jt. C.D.R. informs that th .....

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..... ct, particularly in terms of the case laws referred to by them (which also includes the Apex Court s direction in the case of I.T.C. Ltd.) and also Board s Circular dated 8-12-2004 presented before me. It is therefore directed that the interest may be granted as per prescribed procedure in the Board s Circular. The appeal is, therefore, allowed with consequential relief. (Dictated and pronounced .....

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