Refundable - Year 2002 - Judgments

Apr 23 2002 (TRI)

Andhra Pradesh Paper Mills Ltd. Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Decided on: Apr-23-2002

Reported in: (2002)(82)ECC381

..... the duty paid on such sub standard kraft paper should be refunded the assistant commissioner while admitting that the appellants are entitled ..... thereby the limitation under section 11b is inapplicable for their refund ix the monthly rt 12s have been assessed by the ..... the original authority and the lower appellate authority found that the refund claim was barred by limitation it has been mentioned by .....

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May 10 2002 (HC)

TIn Plate Company of India Limited Vs. State of Bihar and ors.

Court: Jharkhand

Decided on: May-10-2002

Reported in: [2004]135STC385(Jharkh)

..... and accounted for the joint commissioner will pass appropriate order directing refund of sales tax paid by the petitioner on purchase of ..... jamshedpur the tisco can seek the adjustment of the amount so refunded from the department against any of the outstanding dues of ..... granted to the petitioner thereafter the petitioner accordingly moved for the refund of the sales tax paid to the authorities of the .....

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Jul 16 2002 (TRI)

Rane Engine Valves Ltd. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Decided on: Jul-16-2002

Reported in: (2003)(153)ELT92Tri(Chennai)

..... an assessee gave an undertaking that he would not claim refund refund if claimed is not deniable likewise in the case of ..... reversal of credit on actual basis the appellants filed the refund claim for excess modvat credit paid learned consultant further contended ..... protest they should not be penalised by such rejection of refund claim as this would cause discrimination between different exporters .....

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Nov 11 2002 (TRI)

Mecon Ltd. Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Decided on: Nov-11-2002

Reported in: (2003)(87)ECC152

..... to be final since no appeal was filed against such assessments therefore subsequent claim of refund was rejected for lack of jurisdiction by the asst commissioner 3 the commissioner appeals while ..... disposing of the appeal and rejecting the refund held that as the appellants neither applied to the initial assessments authority for re assessments .....

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Apr 18 2002 (HC)

N. Chakravorti and Co. and anr. Vs. Union of India (Uoi) and ors.

Court: Kolkata

Decided on: Apr-18-2002

Reported in: [2002]257ITR10(Cal)

..... under section 237 whether the order refuses refund or refunds less than the amount of refund claimed by the assessee this right of ..... present case the petitioner had resorted to section 237 for refund and had suffered an order passed thereunder which is otherwise ..... question of determination of certain facts relating to the amounts refundable this court cannot undertake such an exercise particularly in .....

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Sep 04 2002 (HC)

Sri Amal Kumar Roychowdhury and anr. Vs. the Calcutta Municipal Corpor ...

Court: Kolkata

Decided on: Sep-04-2002

Reported in: (2002)3CALLT452(HC)

..... reliefs claimed the petitioners must establish that law casts a duty upon the corporation to refund the excess amount with interest the moment their appeal before tribunal has succeeded resulting in ..... money and claim set off whereas in the present case the petitioners have prayed for refund of excess money after adjustment and interest thereon therefore if the corporation succeeds in establishing .....

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Oct 24 2002 (TRI)

Cce Vs. Madras Elastomers Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Decided on: Oct-24-2002

Reported in: (2003)(85)ECC534

..... the facts in that case were different because there was no refund claim pending before the assistant collector ld advocate also submitted ..... of the constitution of india which have become final 2 refunds ordered by the statutory authority concerned which have become final ..... act 1991 and 2 applications contemplated under law to obtain refund and filed after the commencement of the amendment act 1991 .....

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Jan 31 2002 (TRI)

Product Engg. Industry Vs. Commissioner of Central Excise,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Decided on: Jan-31-2002

Reported in: (2002)(81)ECC204

..... stated that department cannot ask for the return of the refund amount since refund amount can be asked within six months from the ..... modelling process therefore the department is not correct in asking the refund amount so sanctioned to them by the department and adjusted ..... absence of notice under section 11a for recovery of erroneous refund within the time prescribed therein such recovery is hit by .....

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Feb 07 2002 (TRI)

Lohia Starlinger Limited Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Decided on: Feb-07-2002

Reported in: (2002)(81)ECC541

..... following three months from 26 5 95 inasmuch as their refund application was pending at the time when the interest provisions ..... the assistant commissioner rejecting their prayer for interest 4 the refund order dated 8 7 96 passed by the assistant commissioner ..... authorities below that the appellants should have challenged the original refund order for the purposes of interest cannot be accepted the .....

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Mar 27 2002 (TRI)

Munch Food Products Ltd. Vs. Commissioner of C. Ex., Delhi-i

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Mar-27-2002

Reported in: (2002)LC42Tri(Delhi)

..... has to readjudicate the classification dispute relating to chocolate covered biscuits according to him the refund of excess duty claimed to have been paid in respect of chocolate covered biscuits can ..... that the classification dispute is still alive before the adjudicating authority this part of the refund claim therefore will be held to be premature as and when the classification dispute over .....

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