TMI Blog2015 (1) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... ion happened on 26-5-2010 and the refund claim was filed on 19-7-2010, i.e., within a period of one year. The Revenue’s view is that inasmuch as the Bank Guarantee was encashed in March, 2006, the refund claim filed on 19-7-2010 is barred by limitation and cannot be sanctioned. On the other hand, the contention of the appellants is that they could file the refund claim of encashed Bank Guarantee o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ten thousand only) on 19-7-2010. The said refund claim was sanctioned by the original adjudicating authority. 2. Revenue filed an appeal theiragainst before the Commissioner (Appeals), who set aside the order of the original adjudicating authority on the ground that the refund claim filed on 19-7-2010 is barred by limitation. Hence, the present appeal. 3. After hearing both the sides, I fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of CC, New Delhi v. Stalwart Electroplating Works [2010 (252) E.L.T. 380 (Tri.-Del.)], wherein it stands held that the encashment of Bank Guarantee cannot be treated as duty payment and as such limitation will not apply. In this case also, Bank Guarantee was encashed on account of non-fulfilment of export obligations and the refund was claimed by the appellants on subsequent production ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant date could be shifted to the cancellation of the Bank Guarantee, the refund of such amount in any case has been held to be not refund of duty, so as to subject the same to limitation provision but refund arising out of encashment of Bank Guarantee by the Revenue. 6. In view of the above, I set aside the impugned order passed by the Commissioner (Appeals) and allow the appeal with cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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