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TMI Blog2010 (8) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Swagat Synthetics Ltd.[2007 -TMI - 69484 - CESTAT, AHMEDABAD],it was held that credit lying in RG-23A account accumulated arising out of the export is akin to credit in the PLA and the time-limit shall not apply - Therefore, the finding of the original authority that the claim is hit by time bar is erroneous - Hence, the appeal by the department is rejected - Decided in favour of asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 16-6-2008 should be treated as the date of refund claim as the same included relevant document and the same was beyond 60 days prescribed under Notification No. 40/2007 dated 17-9-2007 and accordingly rejected the refund claim. Commissioner (Appeals) set aside the order of the original authority and allowed the refund claim. 4. Learned SDR submits that the refund of unutilized credit under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T Credit Rules. In this regard, she relies on the decision of the Tribunal in the case of Swagat Synthetics Ltd. v. CCE 2007 (220) ELT 949 (Tri. - Ahd.) which stands upheld by the Hon ble High Court of Gujarat vide decision dated 14-8-2007 reported CCE C v. Swagat Synthetics 2008 (232) ELT 413. 6. I have carefully considered the submissions from both sides. The issue, whether the time-limit pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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