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2015 (8) TMI 1321 - CESTAT NEW DELHI

2015 (8) TMI 1321 - CESTAT NEW DELHI - TMI - Refund claim - merchant over time (MOT) paid for stopping of export container - Held that:- considering the fact that the Revenue has denied the refund claim only on the ground that the matter is sub judice before the Hon’ble High Court and the Revenue appeal has already been dismissed by the Hon’ble Rajasthan High Court vide order dated 27th January, 2015, I am of the considered view that the appellant shall be eligible for the refund of the MOT char .....

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period i.e. January, 2011 to March, 2012, the appellant had filed the refund application for ₹ 67,160/-, claiming refund of merchant over time (MOT) paid for stopping of export container. However, the refund was denied by the authorities below on the ground that in the case of the appellant itself, the order dated 12.04.2007 passed by this Tribunal has been appealed before the Honble Rajasthan High Court and the matter is sub judice and the operation of the order of the Tribunal has been .....

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