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TMI Blog2016 (7) TMI 633X X X X Extracts X X X X X X X X Extracts X X X X ..... VAT and interest received from the banks, the appellant is not liable to pay duty as these are not manufactured items and the assessee liable to be paid duty on the goods manufactured by them. As observed that the appellant was not required to pay duty, therefore, on pointing out by the audit team, any amount paid by the appellant shall be deposit made by them with the department although, the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant has received miscellaneous income by way of refund of VAT and interest received from the banks. During the course of audit, the appellant was directed to pay duty on this miscellaneous income which the appellant paid along with interest and also paid penalty thereon. Later on, it was realised by the appellant that on these refund of VAT and interest received from the banks are not liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat as the appellant has voluntarily paid duty interest and penalty without under protest, therefore, the same is the part of duty hence, the appellant is not entitled to claim refund of the same. 5. Heard the parties and considered the submissions. 6. After hearing of both the sides, I find that it is an admitted fact of this miscellaneous income by way of refund of VAT and interest recei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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