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Issues: Whether a refund claim under the Central Excise Act could be entertained after the limitation period prescribed in Section 11B, and whether delay in filing such claim could be condoned on the ground of mistake of law.
Analysis: The refund claim had been rejected as time-barred under Section 11B of the Central Excise Act, 1944. No statutory provision was shown authorising the authorities to entertain a refund claim beyond the prescribed limitation or to condone the delay. The reasoning was reinforced by the principle that refund claims under the Act must strictly satisfy the parameters of Section 11B.
Conclusion: The claim could not be entertained beyond limitation and the delay could not be condoned; the answer was against the assessee.