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TMI Blog2015 (1) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... encashed Bank Guarantee only after the completion of export obligations and after cancellation of Bank Guarantee. The cancellation happened on 26-5-2010 and the refund claim was filed on 19-7-2010, i.e., within a period of one year. The Revenue’s view is that inasmuch as the Bank Guarantee was encashed in March, 2006, the refund claim filed on 19-7-2010 is barred by limitation and cannot be sanct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 3,10,000/- (Rupees three lakh ten thousand only) on 19-7-2010. The said refund claim was sanctioned by the original adjudicating authority. 2. Revenue filed an appeal theiragainst before the Commissioner (Appeals), who set aside the order of the original adjudicating authority on the ground that the refund claim filed on 19-7-2010 is barred by limitation. Hence, the present appeal. 3.&e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cal issue stands decided by the Tribunal in the case of CC, New Delhi v. Stalwart Electroplating Works [2010 (252) E.L.T. 380 (Tri.-Del.)], wherein it stands held that the encashment of Bank Guarantee cannot be treated as duty payment and as such limitation will not apply. In this case also, Bank Guarantee was encashed on account of non-fulfilment of export obligations and the refund was claimed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fulfilment of export obligations and as such relevant date could be shifted to the cancellation of the Bank Guarantee, the refund of such amount in any case has been held to be not refund of duty, so as to subject the same to limitation provision but refund arising out of encashment of Bank Guarantee by the Revenue. 6. In view of the above, I set aside the impugned order passed by the Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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