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2015 (11) TMI 247 - CESTAT MUMBAI

2015 (11) TMI 247 - CESTAT MUMBAI - TMI - Denial of refund claim - Bar of limitation - Held that:- As regards, rejection of refund of priod of limitation, I find that the said appeal needs to be rejected and both the lower authorities were correct in coming to a conclusion that refund claim of ₹ 4,39,002/- is time barred. It is seen from the records that the assessee had issued credit note in March 2003 and refund claim is filed on 5th April, 2004 which is beyond the period of 12 months as .....

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Pradesh in the case of A.P. Papers Mills Ltd. (2014 (3) TMI 671 - ANDHRA PRADESH HIGH COURT ) also covers the issue in favour of the assessee, as to that refund claim filed by an assessee, he has to only satisfiy the provision of Sec. 11B of the Central Excise Act, 1944 and not any further. I find that in the case in hand, the appellant has satisfied all the requirements of provision of Sec. 11B of the Central Excise Act, 1944. In view of forgoing appeal filed by the revenue of devoid of merits .....

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te authority has allowed the appeal filed by the assessee for refund an amount of ₹ 35,91,361/-, while assessee is aggrieved by the order rejecting refund claim of ₹ 4,39,002/-. 3. Heard both sides and perused the records. 4. The issue involved in this case is that the assessee appellant had filed a refund claim of ₹ 71,78,191/- under Sec. 11B of the Central Excise Act, 1944 with the department on the ground that they had paid excess central excise duty in terms of the price re .....

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m the records it has been observed that the refund in the instant case was arisen out of the retrospective price revision made by M/s Goodyear India Ltd., Ballabhgarh (Haryana) for the finished goods purchased from the appellant i.e. M/s Goodyear South Asia Tyres Pvt. Ltd., Aurangabad in terms of the Off Take Agreement dtd. 01.09.2001 which contains the price variation clause, where there is a provision for both upward and downward revision of the prices depending upon the market conditions. App .....

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ued credit note to their buyer. In accounting procedure, when a credit note is issued the amount gets credited to the account of one to whom the credit note is issued. It means that one who has issued the credit note has paid that amount to one who has received the credit note. In the instant case, the appellant has issued the credit note to its buyer. It means, the appellant has refunded the money to that extent to the buyer due to downward revision of price. It means that, after issue of credi .....

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constituent of that price which is not paid by the buyer. The case law reported in 2003 (161) ELT 460 (Tri.-Chennai) in the case of CCE, Chennai V/s Addison & Co. Ltd. squarely covers the issue involved in this case. Therefore appellant is entitled for refund of ₹ 35,91,361/- under Sec. 11B of Central Excise Act, 1944. Regarding refund for ₹ 4,39,002/- the order passed by the adjudicating authority is correct and therefore I do not interfere with this part of rejecting the same .....

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f of assessee would draw my attention to the decision of Hon ble High Court of Madras in the case of Addison & Co. Ltd. V/s CCE 2001 (129) ELT 44 (Mad.) and Union of India V/s A.K. Spintex Ltd 2009 (234) ELT 41 (Raj.), AP Papers Ltd. V/s CCE, Vishakhapattanam 2014 (306) ELT 344 (A.P.). 7. I have considered the submission made at length by both sides and perused the records. 8. As regards the appeal filed by assessee M/s Goodyear South Asia Tyres Pvt. Ltd., I find that the said appeal needs t .....

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