TMI Blog1991 (1) TMI 301X X X X Extracts X X X X X X X X Extracts X X X X ..... is is an appeal directed against the Order-in-Appeal No. R-1198/NG/88 dated 17-8-1990 passed by the Collector of Central Excise (Appeals), Bombay. 2. Briefs facts for the purpose of disposal of this appeal can be stated as below: 3. The appellants filed a refund claim on 9-10-1987 for a sum of Rs. 59,338.34 being the duty paid during the period from 3-3-1986 to 24-3-1986. The aforesaid refund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the RT-12 Return. Not getting any reply, they also reminded the Supdt. on 20-8-1986. They reasonably waited for the credit to be given by the Supdt. under the impression that at the time of assessment, such a credit will be given. Hence subsequently under the oral instructions from the Supdt, they have filed a refund claim before the Assistant Collector, which came to be rejected as time barre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, requested for remand to the Assistant Collector for considering their claim on merits. He referred to the decision of this Tribunal in the case of Collector of Central Excise v. Simplex Mills Co. Ltd. reported in 1989 (44) E.L.T. 259 (Tribunal). 5. Shri K.M. Mondal, the Ld. SDR, on the other hand, contended that the regular refund claim has been filed only on 9-10-1987 and this is not d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e forwarded this letter to the Assistant Collector or could have informed the appellants of their requirement for filing the refund claim. There is also a provision under Rule 173(1), where excess payment can be given due credit with the sanction of the proper officer, and when the appellants have approached the proper officer with such a request, there is a duty cast on him either to reject his r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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