2018 (9) TMI 1362

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..... ility towards interest. It is also a fact that there was no interest proceeding initiated against the assessee. In such a scenario, the adjustment of rebate claim against un-adjudicated and unconfirmed interest is not adjustable - Karnataka High Court’s decision in the case of Commissioner of Central Excise, Bangalore-III Vs Stella Rubber Works [2011 (3) TMI 571 - KARNATAKA HIGH COURT] vide which .....

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..... a manufacturer exporter of Motorcycles and filed rebate claims in respect of goods exported on payment of duty. The said rebate claim was sanctioned by the Original Adjudicating Authority to the tune of around ₹ 1.66 crores. However, an amount of ₹ 90,29,989/- was adjusted by the Original Adjudicating Authority towards the alleged interest amount required to be paid by respondent in r .....

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..... hat there is no dispute on the factual position that the Original Adjudicating Authority sanctioned the rebate claim but adjusted it against the alleged liability towards interest. It is also a fact that there was no interest proceeding initiated against the assessee. In such a scenario, the adjustment of rebate claim against un-adjudicated and unconfirmed interest is not adjustable and we find no .....

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