9911796707
TMI Blog2005 (12) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... rises from the Order-in-Appeal C. Cus No. 616/2003, dated 31-10-2003 by which the Commissioner (Appeals) has rejected the refund claim as time bar. The appellants had furnished Bank Guarantee against advance license No. 0032871. The same was enforced in 18-7-2000. The claim was filed on 20-12-2001. Both the authorities have taken the view that the refund is not maintainable as it is barred by time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; Saheli Synthetics v. CC & CE [2001 (134) E.L.T. 738 (T)=2001 (99) ECR 47 (T)] (v) Goodyear India v. CCE [2002 (150) E.L.T. 331 (T.)=2002 (104) ECR 630 (T)] (vi) Pace Marketing Specialities v. CCE [2003 (157) E.L.T. 36 (T)] (vii) Aeronautical Development Agency v. CC [2001 (133) E.L.T. 685 (T)] (viii) CC v. CEGAT [2005 (179) E.L.T. 394 (Del.)] 2.&e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Lucas TVS Ltd. v. CC, Chennai (supra), the Bank Guarantee had been encashed by the Department and refund claim had been filed after six months. The Tribunal has taken a view, in the light of several judgments, that Section 27 of the Customs Act and Section 11B of the Central Excise Act are not attracted. The facts and circumstances and the ratio narrated in the judgment clearly applie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut applicability of time bar. In the case of Saheli Synthetics Pvt. Ltd. (supra), the Revenue had encashed Bank Guarantee and rejected the refund claim on unjust enrichment. The Tribunal has followed the case-law noted in the Grasim Industries Ltd. and held that the Bank Guarantee is only a security and cannot be held as payment of duty and refund should be made without applicability of time bar. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bharat Heavy Electricals Ltd. case is not pertaining to furnishing of Bank Guarantee and therefore this judgment is clearly distinguishable with the facts of the present case. In view of the plethora of judgments noted supra, the claim of refund of amount appropriated towards the Bank Guarantee is required to be refunded to the assessee with interest within a period of three months from the date o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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