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2012 (8) TMI 724

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..... the rebate claim was admittedly paid within three months of sanctioning the claim and the issue is covered by this decision, no fault can be found with the decision of the Joint Secretary to the Government of India in rejecting the revision application filed by the Revenue against allowance of interest claim. - Writ Petition No. 6613 OF 2012 - - - Dated:- 6-8-2012 - J P Devadhar And R Y Ganoo, .....

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..... authority to keep the matter in abeyance in view of the representation pending before the Ministry of Finance. Thereafter, in view of the retrospective amendment of Rule 18 of the Central Excise Rules 2002 by Finance Act 2008, the rebate claims were sanctioned by order-in-original dated 17th June 2008. 3. Subsequently on 3rd July 2008, the assessee made an application seeking interest on the san .....

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..... se of Union of India V/s. Jindal Drugs Limited in Writ Petition No.9100 of 2011 decided on 30th January 2012. 5. Counsel for the Revenue sought to distinguish the judgment of this Court in the case of Jindal Drugs Limited (supra) on the ground that in the present case it is the assessee who by various letters had requested the adjudicating authority not to pass an order on the applications cla .....

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..... im. Therefore, since the issue is covered by the decision of this Court in the case of Jindal Drugs Limited (supra), in our opinion, no fault can be found with the decision of the Joint Secretary to the Government of India in rejecting the revision application filed by the Revenue. 7. In this view of the matter, we see no merit in the writ petition and the same is hereby dismissed with no order .....

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