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CESTAT ruled that the refund claim for unspent advance deposits made in January and May 2017, filed on 28.12.2018, is not barred by the time limitation under Section 11B of the Central Excise Act, 1944. The tribunal held that unspent advanced deposits in the account current are not considered duty, and therefore the statutory limitation period does not apply. The refund claim was deemed valid as the amount was an advance payment, not an actual duty payment. Consequently, the lower authority's order was set aside, and the appeal was allowed.
CESTAT ruled that the refund claim for unspent advance deposits made in January and May 2017, filed on 28.12.2018, is not barred by the time limitation under Section 11B of the Central Excise Act, 1944. The tribunal held that unspent advanced deposits in the account current are not considered duty, and therefore the statutory limitation period does not apply. The refund claim was deemed valid as the amount was an advance payment, not an actual duty payment. Consequently, the lower authority's order was set aside, and the appeal was allowed.
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