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2015 (10) TMI 1323 - CESTAT NEW DELHI

2015 (10) TMI 1323 - CESTAT NEW DELHI - 2015 (322) E.L.T. 745 (Tri. - Del.) - Denial of rebate claim - Bar of limitation - Held that:- The contention of the learned AR is not acceptable in the light of report submitted by the Range officer dated 22-9-2010 confirming that refund claim has been filed within time. Therefore, the submissions of learned AR that rebate claim is not bearing the name of the officer receiving the rebate claim and has not put any stamp is not acceptable. I further observe .....

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ee. - E/56815/2013-SM - Final Order No. A/51020/2015-EX(SM)(BR) - Dated:- 3-3-2015 - Shri Ashok Jindal, Member (J) Shri Rupender Singh, Advocate, for the Appellant. Shri G.R. Singh, (AR), for the Respondent. ORDER The appellant is in appeal against the impugned order rejecting their rebate claim on the premise that rebate claim was filed as time-barred as per time prescribed under Notification No. 41/2007, dated 6-10-2007. 2. The facts of the case are that appellant is an exporter of goods. .....

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ppellant has filed rebate claim on 28-5-2008 for the period January to March, 2008 and report was sought from the concerned authorities and vide their letter dated 28-9-2010, they have confirmed the fact that exporter has filed the rebate claim within the time prescribed in the notification claimed by the appellants. But same has not been considered by the adjudicating authority, in this prima facie view, impugned order is to be set aside. 4. On the other hand, learned AR supported the impu .....

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