9911796707
TMI Blog2007 (10) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... ced - C/308/2007 - 1235/2007 & S.O. No. 1018/2007 - Dated:- 8-10-2007 - [Order per : P.G. Chacko, Member (J)].- After examining the records and hearing both sides, we are of the view that the appeal itself can be finally disposed of. Accordingly, after dismissing the present application for stay, we proceed to deal with the appeal. 2. The appellant had imported raw materials under an adva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccordingly an appeal was filed by the department, which was allowed by the Commissioner (Appeals). The appellate authority held that (a) the refund claim was time barred, being beyond six months from the dates of encashment of bank guarantees and (b) the claimant was not entitled to refund as they did not challenge the encashment of bank guarantees. The refund claimant has filed the present appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n'ble High Court. Learned SDR has reiterated the findings of the Commissioner (Appeals). 4. After giving careful consideration to the submissions, we find that the question whether the amount realized by the department through encashment of bank guarantees can be treated as duty is no longer res integra. The Hon'ble Supreme Court, in the case of Oswal Agro Mills (supra) held that bank gu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having obtained such certificate intimated in time. It is also stated by the Revenue that, though the encashment of bank guarantee was made under intimation to the party, they did not chose to inform the department that they were awaiting favourable decision of the DGFT. The lower appellate authority has placed undue emphasis on these aspects to deny refund to the party. We are of the view that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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