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2021 (12) TMI 735

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....EMBER Shri T.R. Venkateswaran, CA for the Appellant Smt. C.V. Savitha, Authorised Representative for the Respondent PER : P. DINESHA These appeals are arising out of common Orders-in-Appeal Nos. 404-407/2020 dated 29/10/2020 passed by the Commissioner of Central Excise (Appeals-I) Bengaluru and short issue for consideration is, whether the Commissioner (Appeals) was correct in rejecting the ap....

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....ellate Authority and the First Appellate Authority, vide the impugned Orders-in-Appeal has once again remanded the matter back to the file of Original Authority. On the appellant's claim for interest, however, the Commissioner (Appeals) has rejected the claim on the ground that the required co-relation of FIRCs was not furnished before the original authorities. The appellant is seriously aggrieved....

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....above, I am of the considered view that the appellant's claim for interest under Section 11BB is premature at this stage, since as of now, the appellant's claim for refund is pending adjudication. The claim for interest is therefore too early since the same depends upon the outcome of the proceedings. In any case, interest under Section 11BB is automatic and once the refund is sanctioned, then the....