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2020 (4) TMI 39 - AT - Central ExciseRefund of closing balance of PLA - bar on utilization of deposits in PLA - whether the balance lying in the assessee’s PLA, which became non-usable with effect from 1 July, 2017 with the introduction of GST regime, is required to be refunded to them or not? HELD THAT:- Admittedly, in the present case such deposits are made by the appellant for utilization in future. In case the same could not be used on account of introduction of GST and there being no transitional provision for transfer of such PLA deposit, the same would be refundable to the appellant. The lower authorities have taken the deposit of the same as the relevant date and since the application stands filed after a period of one year from the date of deposit, they have rejected the same on the ground of limitation. Apart from the fact that limitation provisions are not applicable, it is also seen that such refund becomes admissible only with effect from 1 July, 2017 and not before that - The refund application having been filed on 26 June, 2018 is required to be considered as having been filed before the period of one year as the cause of action arose only on 1 July, 2017. There are no justification for denial of the refund - appeal allowed - decided in favor of appellant.
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