2008 (7) TMI 336

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..... eptable - such deposits are interim in nature – therefore, if, finally no duty is confirmed against the assessee, amount so deposited is required to be refunded along with interest - E/502/2007 - A/1450/2008-WZB/AHD - Dated:- 28-7-2008 - Ms. Archana Wadhwa, Member (J) None, for the Appellant. Dr. M. K. Rajak, SDR, for the Respondent. [Order]. - Appellants have filed written submiss .....

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..... of the deposits made in terms of Settlement Commissioner's order dt. 12-12-2005. They accordingly made application and the refund was sanctioned by the Asst. Commissioner on 18-5-2006. 3. The dispute in the present appellant is to the interest in respect of the deposits so made by the appellant. The lower authorities have observed that the provisions of Board's Circular No. 275/37/2000-CX.8A d .....

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..... saying that the refund should have been given on the same day when the Settlement Commission remanded the matter to Commissioner for adjudication. Inasmuch as there was no duty liability raised against them, and the deposit made in terms of Settlement Commissioner's order should have been immediately refunded. For the above proposition, they have relied upon Hon'ble Bombay High Court's decision in .....

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