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2013 (4) TMI 416 - CESTAT NEW DELHIRefund rejected as time barred under 27(1)(b) of the customs Act 1962 - the ground for refund as Appellant have already completed the export obligations against its aforesaid advance licenses and all relevant documents inclusive EODC submitted with Assistant Commissioner of Customs, Refund - Held that:- After going through the impugned order of Commissioner (Appeals) as also the appeal filed by the revenue the appellant authority has relied upon Tribunal decisions Grasim Industries Ltd [2005 (6) TMI 131 - CESTAT, MUMBAI] & Aristo Spinners Pvt. Ltd [2007 (3) TMI 18 - CESTAT, CHENNAI] laying down that such an Encashemnet of bank guarantee, which was not against any confirmed demand was not justified. Further such Enchashem by the Revenue was on account of non-fulfillment of export obligation. The export obligation having been subsequently fulfilled, the refund of amount so encashed is available to the assessee and the same is not subject to the provisions of limitation under section 27 of the Customs Act. The Revenue has not shown any decision to the contrary. As such in terms of the declaration of law by the Tribunal, Revenue’s contention is not justified. Their appeal is accordingly rejected.
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