TMI Blog2005 (3) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... ck to the Tribunal. The Tribunal may, as advised, either await the orders of the Commissioner (Appeals) in the matter of quantification of refund or else may itself go into the question and quantify the amount of refund. In the event of the Tribunal arriving at a finding that some amount is due and payable to the respondent by way of refund and the Revenue has unreasonably withheld the refund then ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n filed on or after 1-3-1997 in which situation the refund will not be allowable as Modvat Credit stands lapsed on 1-3-1997. As in the present matter, the refund claims have been submitted much prior to 1-3-1997, they are entitled for the same. Accordingly, we set aside the impugned order and allow the appeals with consequential relief." 7. The Revenue filed a special leave petition against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts relating to entitlement as to refund have been taken care of. Four such orders are dated 3-9-2004 (Annexure-P8 (Colly)). It is further pointed out that the orders dated 3-9-2004 have been put in issue by the respondent by filing appeals before the Commissioner (Appeals) and therein the correctness of the orders passed by the Assistant Commissioner is being examined. The learned Solicitor Genera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of refund. In the event of the Tribunal arriving at a finding that some amount is due and payable to the respondent by way of refund and the Revenue has unreasonably withheld the refund then the amount may be directed to be refunded with interest, may be compound interest, depending on the opinion formed by the Tribunal. The appeal stands disposed of in the abovesaid terms. 11. Parties through t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
