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TMI Blog2018 (5) TMI 1354X X X X Extracts X X X X X X X X Extracts X X X X ..... ths after filing the refund claim i.e. 22.01.2014. In that circumstances, the appellant is entitled to claim interest for the intervening period till the refund claim has been sanctioned - reliance placed in the case of RANBAXY LABORATORIES LTD. VERSUS UNION OF INDIA AND ORS. [2011 (10) TMI 16 - SUPREME COURT OF INDIA]. As the part of the interest has already been sanctioned to the appellant, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a show cause notice was issued to the appellant for appropriation the amount already reversed. The matter was adjudicated and amount already reversed was appropriated. Against the said order, the appellant preferred an appeal before the ld. Commissioner (A) who allowed the cenvat credit to the appellant and as the refund claim was sanctioned beyond three months of the date of the order of the ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, the appellant is before me. 3. The ld. Counsel for the appellant submits that the issue has been settled by the Hon ble Apex Court in the case of Ranbaxy Laboratories Ltd. reported in 2011 (273) ELT 3 (SC), therefore, the appellant is entitled for claim of interest after three months from the date of filling the refund claim i.e. after three months from 22.01.2014 till its realization. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions. 6. After appreciating the arguments advanced by both the sides, I find that the short issue involved in the matter is that whether the appellant is entitled to claim interest after three months from the date of filling the refund claim till its realization or not? 7. The same issue was decided by the Hon ble Apex Court in the case of Ranbaxy Laboratories Ltd. (Supra), wherein, it has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ances, the appellant is entitled to claim interest for the intervening period till the refund claim has been sanctioned. As the part of the interest has already been sanctioned to the appellant, the same is to be deducted from the interest payable to the appellant and remaining interest is to be paid to the appellant within 30 days of this order. In these terms, the appeal filed by the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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