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Commissioner of Central Excise New Delhi III Versus M/s. Tilda Riceland Pvt. Ltd.

2015 (4) TMI 1038 - CESTAT NEW DELHI

Denial of refund claim - services received for export of the goods under Notification No. 17/09 ST dated 7.7.09 - Held that:- Commissioner (Appeals) has given clear cut finding that on merits, respondent is entitled to refund claim and sent the matte .....

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artmental officer is very unfortunate to understand that if the case has been decided on merits and same is sent to lower authority for processing the same and if it is remand option for deciding and the department would act to remand only. Therefore .....

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ís appeal - Decided against Revenue. - Excise Appeal No. 50961 of 2014- (SM) - Final Order No. A/ 51420 /2015-Ex(SM) - Dated:- 8-4-2015 - Shri Ashok Jindal, Member (Judicial), J. For the Petitioner : Shri V P Batra, AR For the Respondent : None ORDER .....

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at for the period January, 2010 to March, 2010 and June, 2011 to September, 2011, the respondent filed the refund claims of the services received for export of the goods under Notification No. 17/09 ST dated 7.7.09. The adjudicating authority denied .....

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m is admissible and be processed accordingly. Against the said order, Revenue is in appeal on the ground that Commissioner (Appeals) has no power to remand the matter. 3. The learned AR appearing on behalf of the Revenue submits that learned Commissi .....

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Commissioner (Appeals) who has no power to pass such order and same is not sustainable. He further submits that the Committee of Commissioners has not quoted the proper section while passing the Review order No. 8/2014 dated 4.4.2014, wherein the pr .....

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rguing the matter. 4. None appeared on behalf of the respondents, nor any request for adjournment has been received. After hearing the learned AR, I find that appeal itself can be heard at this stage. Therefore, same is taken up for disposal. 5. Cons .....

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