TMI Blog2018 (6) TMI 1635X X X X Extracts X X X X X X X X Extracts X X X X ..... refund claim shall be made in future? - HELD THAT:- There is no dispute that the appellant on the objection from the audit voluntarily paid the duty, interest and penalty and also requested that the matter may be closed with this payment and not to issue any SCN. The undertaking was also filed that they shall not claim any refund. The issue is squarely covered by Section 73(3) of the Finance Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ramesh Nair The issue involved in the present case is that whether the appellant is entitled for refund of duty, interest and penalty paid during the course of audit and with request that the payment was made voluntarily and for not issuing the SCN, the matter should be closed, an undertaking was also given that no refund claim shall be made in future. Thereafter, the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant on the objection from the audit voluntarily paid the duty, interest and penalty and also requested that the matter may be closed with this payment and not to issue any SCN. The undertaking was also filed that they shall not claim any refund. In these circumstances, the issue is squarely covered by Section 73(3) of the Finance Act, which reads as under: ( 3) Where any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e tax or erroneously refunded service tax, if any, which in his opinion has not been paid by such person and, then, the 7 [Central Excise Officer] shall proceed to recover such amount in the manner specified in this section, and the period of 11 [eighteen months] referred to in sub-section (1) shall be counted from the date of receipt of such information of payment. 5. As ..... X X X X Extracts X X X X X X X X Extracts X X X X
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