Delay in filing application for refund of duty

[wig sinbad]

The manufacturer is eligible for refund of duty deposited ; PLA - Central Excise in terms of Notification 56/2002-CE dated 14/11/2002. The manufacturer in terms of Para 2B(a) of the notification referred to above was expected to file the claim for refund before the 7th of the next month. However he has filed the application for refund of PLA belatedly. The application was to be filed by 07/06/2015. However the application was filed on 24/06/2015. The refund was issued by the Department. However subsequently the Revenue has gone in appeal before the LD CCE (Appeals) stating that the refund was wrongly issed. Please advise on the manufacturers response and any case laws which favour the manufacturer.

AI Summary

Manufacturer Misses Refund Deadline Under Notification 56/2002-CE; Revenue Appeals Refund Due to Late Submission A manufacturer eligible for a refund under Notification 56/2002-CE filed the refund application late, missing the deadline of June 7, 2015, by submitting it on June 24, 2015. Although the refund was initially granted, the Revenue appealed, arguing it was wrongly issued due to the late submission. The Department cited case laws to support its position. The manufacturer is concerned about financial viability if the refund must be returned. A participant in the discussion suggests that the Department's argument could be challenged, as the issue concerns timing rather than a declaration requirement.