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2016 (9) TMI 169 - CESTAT KOLKATA

2016 (9) TMI 169 - CESTAT KOLKATA - TMI - Rejection of Refund claim time-bar - Notification No.102/2007-Cus. dated 14.09.2007 as amended by Notification No.93/2008-Cus. dated 01.08.2008. Ld Held that: - the original Notification NO.102/2007-Cus. dt. 14.09.2007 was not having any time limit for filing refund claim and time period of one year from the date of payment of said additional duty of customs was added to the original Notification No. 93/2008-Cus. dated 01.08.2008. Amending Notificati .....

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nd claim barred by period of limitation - appeal disposed off decided against appellant. - Appeal No. C/75757/2014 - ORDER No. FO/A/75895/2016 - Dated:- 25-8-2016 - Shri H. K. Thakur, Member ( Technical ) Sri Manmohan Gupta, Advocate for the Appellant Sri S.K.Naskar, AC(AR) & Sri K.Choudhary, Supt.(AR) for the Respondent ORDER Per Shri H. K. Thakur 1. This appeal has been filed by the appellant against Order-in-Appeal No. 600/Pat/Cus/Appeal/2014 dated 18.02.2014 passed by the Commissioner .....

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.660(Del.)] and that the order passed by the Delhi High Court has been followed by CESTAT, Delhi in the case of International Refrigeration Corporation-vs.-C.C., New Delhi[2016(332)E.L.T. 824(Tri.-Del.)] and CESTAT, Mumbai in the case of Purab Textile Pvt. Ltd.-vs.-Commr.of Cus(Import), Mumbai-II[2015(330)E.L.T.414(Tri.-Mumbai)]. It is the case of the Ld. Advocate that the appeals allowed by CESTAT, Delhi and CESTAT, Mumbai were for the period after amendment under Notification No.93/2008-Cus. d .....

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l have retrospective effect or not. That the period involved in the case before Hon ble Delhi High Court was thus before 01.08.2008 when amending Notification No. 93/2008-Cus. dated 01.08.2008 was not existing. It is also their case that CESTAT, Delhi and CESTAT, Mumbai have not correctly applied the ratio laid down by Hon ble Delhi High Court in the case of Sony India Pvt. Ltd.-vs.-Commr.of Cus, New Delhi (Supra). 4. Heard both sides and perused the case records. The issue involved in the prese .....

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93/2008-Cus. dated 01.08.2008 as follows: In the said notification, in paragraph 2, for sub-paragraph (c), the following shall be substituted, namely,- (c) the importer shall file a claim for refund of the said additional duty of customs paid on the imported goods with the jurisdictional customs officer before the expiry of one year from the date of payment of the said additional duty of customs; 6. It is observed from the case laws of Sony India Pvt. Ltd.-vs.-Commr.of Cus, New Delhi that follo .....

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in this appeal is Can period of limitation for preferring refund claims, specified in the amending Notification No.93/2008-Cus be made applicable with retrospective effect, in absence of a limitation period in the original Notification No.102/2007-Cus., in respect of goods imported prior to the issue of the amending notification. 7. While disposing of the above question of law it was held by Hon ble Delhi High Court that amending Notification No. 93/2008-Cus. dated 01.08.2008 cannot be said to h .....

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