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2016 (2) TMI 1199

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..... und as per Section 11BB of Central Excise Act, 1944 - the appellant is entitled to interest on the amount of refund paid on 1-7-2014 for the period from 13-4-2012 to 1-7-2014 - appeal allowed. - E/51744/2015-EX(SM) - Final Order No. A/50875/2016-SM(BR) - Dated:- 23-2-2016 - Shri R.K. Singh, Member (T) Shri Manjit Singh, Consultant, for the Appellant. Shri B.B. Sharma, AR, for the Resp .....

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..... ands modified in this respect as above. 8. The second issue is whether the appellants are entitled to interest on the refund up to the date of the impugned order whereunder the cheque was issued, i.e., up to 1-7-2014 or up to the date on which the refund was sanctioned and adjusted against the pending confirmed demand, which is 12-4-2012. 2. Ld. Advocate for the appellant concedes that the i .....

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..... pellant on 1-7-2014. In this factual matrix, there remains no doubt that the amount of refund was paid to the appellant on 1-7-2014, and therefore, I find no ambiguity with regard to the liability of interest which has to be paid upto the date of refund as per Sec. 11BB of Central Excise Act, 1944. Therefore, the appeal is allowed to the extent that the appellant is entitled to interest on the amo .....

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