TMI Blog2007 (7) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order]. These two appeals are directed against the order-in-appeal No. P-III/463/2005 dated 26-12-2005. 2. The revenue is in appeal against the said order on the ground that the Commissioner (Appeals) has not appreciated the law as regards the refund amount and has not appreciated the provisions of Section 11B. 3. Considered the submissions made by both sides and perused the records. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the customers and I do not accept the rates of payment of duty on the relevant date since the payment of duty did not give rise to any cause of action. The cause for refund arose only after the price were reduced by the customers and debit notes were raised. The customers subsequently reversed the credit of duty which because excess as a result of lowering of prices. It is the date of reversa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eversal of the Modvat credit by the purchaser of the appellants products, as a relevant date for the provision of Section 11B. It is seen that the Commissioner (Appeals) has also considered that the reduction in price, as the relevant date for the purpose of filing refund application by the respondents. The whole issue centers around the provisions of Section 11B and Clause (f) of the explanation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , we hold that provisions of Section 11B of the Act are attracted to the refund application filed by the petitioner. On the question of limitation, our conclusion is that since the claim is based on discovery of mistake, the period of limitation would not commence from the date of reversal of Modvat credit, but from the date when the mistake committed mutually of wrong reversal of credit by the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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