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2019 (6) TMI 384

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..... T] . The Supreme Court has held that the liability of the Revenue to pay interest under the said provision commences from the expiry of three months from the date of receipt of the application for refund. The question of law is answered in the affirmative, i.e. in favour of the assessee and against the Revenue - appeal allowed - decided in favor of appellant. - SERTA 12/2018 - - - Dated:- 19-11-2018 - MR S. RAVINDRA BHAT AND MR PRATEEK JALAN, JJ. For The Petitioner : Mr. Rajiv Tyagi, Advocate For The Respondent : Mr. Satyakam, Std. Counsel ORDER 1. This appeal is directed against a judgment and order dated 14.09.2017, passed by the Customs, Excise and Servi .....

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..... 38,88,360 6. 29.09.2014 October, 2013 to December, 2013 60,68,850 7. 26.03.2015 January, 2014 to March, 2014 47,26,231 8. 26.03.2015 April, 2014 to June, 2014 26,48,524 Total 2,93,15,554 3. Of the total claim of ₹2,93,1 .....

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..... e months from the date of receipt of application under subsection (1) of that section, there shall be paid to that applicant interest at such rate, not below five per cent and not exceeding thirty per cent per annum as is for the time being fixed by the Central Government, by Notification in the Official Gazette, on such duty from the date immediately after the expiry of three months from the date of receipt of such application till the date of refund of such duty : Provided that where any duty ordered to be refunded under sub-section (2) of section 11B in respect of an application under sub-section (1) of that section made before the date on which the Finance Bill, 1995 receives the assent of the President, is n .....

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