2002 (8) TMI 834 - SCH - Central Excise

Appeal against the decision in the matter of Indo-Nippon Chemicals Co. Ltd. 2002 (2) TMI 136 - HIGH COURT OF GUJARAT AT AHMEDABAD wherein while granting refund HC has observed that On the question of limitation our conclusion is that since the claim is based on discovery of mistake the period of limitation would not commence from the date of reversal of Modvat credit but from the date when the mistake committed mutually of wrong reversal of credit by the parties was discovered in November 1995. The refund claim has therefore to be held to be within time. HC further held that Department cannot be allowed to take advantage of the mutual mistake committed by the parties in ignorance of Public Notice clarifying the legal position on QBAL Scheme. Procedure and the limitation for claiming such refund would be governed by the provisions of Section 11B of Central Excise Act 1944 - revenue appeal against the decision of HC dismissed.