2013 (7) TMI 556

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..... interest at the applicable rate The order of the appellate Commissioner directing refund plus applicable interest from the date of remittance thereof by the assessee - payment of refund amount retained by Revenue without the authority of law - u/s 11BB the assessee is entitled for interest on the amount deposited - Section 11BB is applicable on refund of service tax remittances in view of Sect .....

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..... re seized and the Partner Shri Anil Agarwal was apparently persuaded to deposit Rs. 5,00,000/towards service tax liability even without assessment of the liability; which he did under protest. Thereafter the assessee filed a refund claim on 07.06.2006; and reiterated the request for refund of the amount of Rs. 5 lakhs. Eventually, the Assistant Commissioner, Central Excise, Agra rejected the appli .....

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..... 5 lakhs remitted by the assessee under protest along with interest from the date of deposit till payment of refund, noticing that the said amount was retained by Revenue without the authority of law. 2. It is clear from the provision of Section 11BB of the Central Excise Act, 1944 which are applicable for refund of service tax remittances, in view of Section 83 of the Finance Act, 1994 (the Act) .....

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