9911796707
TMI Blog2019 (12) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the activity of construction and commissioning of transmission line and sub-station for transmission of electricity. The appellant had executed one such project known as 'Talcher Project', which was approved by the Government of India. The appellant approached the World Bank for financing of the said project. The sanction of the loan from the World Bank was delayed. In the meantime, the appellant had received various manufactured goods from one M/s EMI Transmission Ltd. availing exemption from payment of duty under Notification No. 108/95-CE dated 28.8.1995 during the relevant period from Sept, 2000 to July, 2001. The appellants were also entitled to exemption of the terminal excise duty as one of the Deemed Export benefit, under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he learned Commissioner (Appeals) challenging the said sanction of the refund. Learned Commissioner (Appeals), in turn, allowed the Revenue's appeal setting aside the order of refund passed by the adjudicating authority. Also, the show-cause notice was issued to the appellant on 3.3.2011 for recovery of the refund amount of Rs. 77,95,953/- sanctioned and paid to them. The said demand notice was adjudicated confirming the demand with interest and penalty. Hence, the present appeals. 3. At the outset, the learned Advocate Shri Rajesh Ostwal for the appellant submits that the issue of admissibility of refund is no more res integra. In the appellant's own case for different projects, this Tribunal allowed their appeals reported as Power Grid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der No.A/93735-93742/16/CB dt 8.11.2016 in Appeal No.C/433 to 440/06. c) Power Grid Corpn of India Ltd Vs CC, Chennai 2009(234)ELT.138 (Tri-Chennai) 6.1 The CESTAT, Chennai in the case of Power Grid Corpn of India Vs CC Chennai (supra) inter alia observes as follows: 7. It has also been argued that the appellants case is also supported by the view taken by senior representatives of the ministries concerned to the effect that the time-bar provisions should be relaxed in respect of refund claims filed by parties associated with execution of power projects with assistance from World Bank. We have found a valid point with the counsel. What was paid by the appellants was the cash equivalent of the duty of customs forgone by the Departme ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
