2017 (2) TMI 523

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....spondent. [Order per: Sulekha Beevi, C.S.] The appeal is filed the appellant being aggrieved by the denial of interest on delayed refund. 2. The appellants who are engaged in manufacture imported certain quantities of Sulphuric Acid, and erroneously paid duty on the said item. There after they came to know that they were eligible for concessional duty. The appellants then filed refund of ....

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.... appeal was preferred before the Honorable High Court of Andhra Pradesh by the Department which was also dismissed vide order dated 06.07.2009. The appellants thereafter sought for refund on the basis of this order and the original authority vide order dated 20.10.2009 allowed the refund of Rs. 42,19,742/- but did not allow interest upon the sanctioned refund. It was observed in para 9 of the said....

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....st after three months from date of application of refund. it is also submitted that the appellant has not been paid any interest till this date. 4. On behalf of the Department the Ld. M Chandra Bose reiterated the findings in the impugned order. 5. The Senior General Manager of the appellant Shri. Prasad explained the facts of the case and relied upon the decision laid in the case of CC, Air....

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....ree months from the date of the application. The rate of interest would vary from 5% to 30% per annum, as may be fixed by the Central Government by Notification from time to time. Explanation immediately after the proviso in the said Section only means that the liability to pay the amount would arise after the order of refund of the amount is finalized, either in appeal or by the Commissioner, Tri....