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The CESTAT affirmed the dismissal of a refund claim under service tax provisions, holding it barred by the limitation period prescribed in Section 11B of the Central Excise Act, 1944, as applied via Section 83 of the Finance Act, 1994. The Tribunal relied on binding precedent from a nine-judge bench of the Supreme Court, which confirmed that claims for refund arising from misapplication of excise or customs laws must comply with the statutory limitation and procedural requirements within the self-contained enactments. The appellant's argument challenging the applicability of the limitation period was rejected as untenable. Consequently, the Tribunal upheld the Appellate Authority's order dismissing the refund claim on the ground of limitation, and the appeal was accordingly dismissed with no interference warranted.
The CESTAT affirmed the dismissal of a refund claim under service tax provisions, holding it barred by the limitation period prescribed in Section 11B of the Central Excise Act, 1944, as applied via Section 83 of the Finance Act, 1994. The Tribunal relied on binding precedent from a nine-judge bench of the Supreme Court, which confirmed that claims for refund arising from misapplication of excise or customs laws must comply with the statutory limitation and procedural requirements within the self-contained enactments. The appellant's argument challenging the applicability of the limitation period was rejected as untenable. Consequently, the Tribunal upheld the Appellate Authority's order dismissing the refund claim on the ground of limitation, and the appeal was accordingly dismissed with no interference warranted.
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