S. Ravindra Bhat, J.

1. This petition relates to two rebate claims of Rs.21,18,36,117 and Rs.1,75,57,537, made on 18.7.2011 and 14.11.2011 respectively, under the Central Excise Act, 1944 (“the Central Excise Act”) before the Deputy Commissioner of Customs and Central Excise. The petitioner, Dr. Reddy's Laboratories Ltd. (“Dr. Reddy's”), claimed this rebate for refund of excise duty paid earlier by it on the export of certain pharmaceutical products. The refund was allowed by the Deputy Commissioner (by two orders dated 30.9.2011 and 13.1.2012). Dr. Reddy”s was refunded the amounts. Later, proceedings were initiated before the Commissioner of Customs, Central Excise and Service Tax (Appeal II) for recovery of the refunded amount, on the ground that the rebate amounts refunded were in excess. It is in this background that the present petition has come before this Court.

2. The brief facts are that during the export period under consideration, Dr. Reddy”s was granted the exclusive right to sell the drug Olanzapine, in 5, 10 and 20 mg formulations, in the United States (US) for a limited period of 180 days. Between October 2011 and January 2012, Dr. Reddy”s exported the dru