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2018 (10) TMI 698

Refund claim - relevant date for limitation for application for refund - Held that:- The claim of the assessee has been allowed on the grounds that the relevant date of consideration for granting the refund in the present case arose on the price reduction by Petroleum and Natural Gas Regulatory Board, which was granted with retrospective effect and, therefore, it was on that date, that was the dat .....

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83 of the Finance Act, 1994 is the date of payment of duty or not? 2. Whether on the facts and in the circumstances of the case the order passed by the Tribunal, is violative of the concept of relevant date as given under Explanation-B to Section 11-B of the Central Excise Act, 1944 while reckoning the relevant date in this case as the date of reduction in prices/charges of transportation post cl .....

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ion for granting the refund in the present case arose on the price reduction by Petroleum and Natural Gas Regulatory Board, which was granted with retrospective effect and, therefore, it was on that date, that was the date for limitation for application for refund would arise. The discussion has clearly been made in para 5 of the Tribunal's order. We are satisfied that the order passed by the .....

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