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1 - 10 of 14 (0.26 seconds)The Customs Act, 1962
Section 11B in The Customs Act, 1962 [Entire Act]
Commissioner Of Central Excise, ... vs Itc Ltd. (P.S.P Division) on 23 December, 2013
6. Adverting to the facts of the present
case, considering the period which has
elapsed since the date of order of the
Tribunal, though this Court does not
agree with the reasoning adopted by the
Tribunal as noted hereinabove, the
ultimate relief granted by the Tribunal
being in consonance with the decision of
the Supreme Court in the case of
Commissioner of Central Excise,
Hyderabad Vs. I.T.C. Limited (supra), no
case is made out so as to warrant any
interference."
Section 27 in The Customs Act, 1962 [Entire Act]
The Central Excise Act, 1944
Commnr. Of Central Excise, Hyderabad vs M/S. I.T.C. Bhadrachalam on 1 May, 2015
11. On perusal of the above provision of the Act,
Page 16 of 18
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NEUTRAL CITATION
C/TAXAP/181/2008 JUDGMENT DATED: 03/09/2025
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it is clear that if any duty ordered to be
refunded under Section 27(2) of the Act, is not
refunded within three months from the date of
receipt of the application under sub-section (1)
of that Section, the interest is required to be
paid. However, in the facts of the case, as held
by Hon'ble Apex Court, when a pre-deposit is
made, pursuant to the order of the CESTAT, that
would not partake the character of either payment
of duty or penalty. Therefore, as per the
decision of this Court, provisions of Section 27A
would not be applicable, however, the appellant
would be entitled to refund of amount of pre-
deposit as held by the Hon'ble Apex Court in case
of Central Excise, Hyderabad v. I.T.C. Ltd.
(Supra).
Suvidhe Ltd. vs Union Of India on 3 February, 1996
vii) Suvidhe v. Union of India, reported in
Page 9 of 18
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NEUTRAL CITATION
C/TAXAP/181/2008 JUDGMENT DATED: 03/09/2025
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1996 (82) E.L.T 177 (Bom.)