TMI Blog2017 (5) TMI 1344X X X X Extracts X X X X X X X X Extracts X X X X ..... t the counsel & facts on record. I, therefore, hold that there was no apparent mistake of facts on the face of record - application for ROM dismissed. - ST/70081/2016-ST[SM] - MISC. ORDER NO. 70141/2017 - Dated:- 28-4-2017 - Mr. Anil G. Shakkarwar, Member (Technical) Shri Nishant Mishra, Advocate, for Appellant Shri Mohammad Altaf, Assistant Commissioner (AR), for Respondent O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... April, 2013 to June, 2013 were 02/03/2013, 25/04/2013, 22/05/2013 19/06/2013 and not 19/06/2013, 24/07/2013 05/09/2013. Similarly, date of realization of the export proceeds in respect of refund claim amounting to ₹ 4,19,552/- filed on 29/08/2014 (Not 29/02/2004) for the quarter July, 2013 to September, 2013 were 24/07/2013 05/09/2013 and not 04/10/2013, 31/10/2013. Therefore, the da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /02/2014 the dates of receipt of foreign exchange were 04/10/2013, 31/10/2013 03/12/2013. Therefore, all the claim are within limitation. He has further brought to the notice of this Tribunal contents in Para 13 on page 8 of said Appeal memorandum allotted No. ST/70081/2016 that the Appellant had received consideration in foreign exchange on the following dates:- Month ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /08/2016. He has further stated that claim of the Commissioner, Noida in said Para 5 of ROM Application that the date of realization has been wrongly submitted by the ld. Counsel of the parties is highly objectional and such allegations against counsel have no place in proceedings before such Tribunal because such false allegations wastes time of everybody. He has also pleaded that this Tribunal s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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