2014 (4) TMI 143

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....MENT   Per Archana Wadhwa: After hearing both sides, I find that the dispute in the present appeal relates to claim of interest in respect of refund of pre-deposit made by the appellant. For better appreciation the list of event as placed on record by the appellant are being reproduced below:- Sr. no.   Date   Event   1   17/01/2005 &....

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....stment of refund amount & claiming interest on the pre-deposit amount 6 28/04/2006   OIA received rejecting appeal for wrongful adjustment & rejecting interest claim. 7   21/07/2006   Appeal filed before Hon'ble CESTAT-E/2465/2006 for wrongful adjustment & claiming interest 8   22/07/2008   OIA set aside by Hon'ble CESTAT-by settin....

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....days after) 17/01/2005. 14   23/09/2010   Interest paid by the dept. as per OIO no. 116R/2010-11 from 01/10/2008 to 15/05/2009 for 227 days 15   - Correct calculation of interest filed during PH before Hon'ble CESTAT, realizing mistake in rate of interest while filing appeal. 16   17/07/2012   Hon'ble Court asked to submit list of ....

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....ore res integra. Admittedly, the appellant was entitled to refund of pre-deposit within a period of 3 months from the passing of favorable order. Though the said refund was sanctioned but the same was adjusted against the outstanding demand. As such, for all practical purposes the amount of Rs. 75,000/- deposited by the appellant was not returned to them. Hon'ble Gujrat High Court in the case of N....