Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Refund of central excise duty claims contend that reversal/payment of CENVAT credit or discovery of mistake of law permits refund; Tribunal clarifies that where final products are excisable and duty relates to inputs, refunds are permissible only in accordance with the statutory refund regime and within the prescribed time limit for refund claims. An unconstitutional levy paid without statutory authority alone falls outside the time limit. A claimant must succeed in its own litigation to obtain refund based on mistake of law and cannot rely on orders in favour of another assessee. Consequently, time-barred refund claims beyond the prescribed period are not maintainable.
Refund of central excise duty claims contend that reversal/payment of CENVAT credit or discovery of mistake of law permits refund; Tribunal clarifies that where final products are excisable and duty relates to inputs, refunds are permissible only in accordance with the statutory refund regime and within the prescribed time limit for refund claims. An unconstitutional levy paid without statutory authority alone falls outside the time limit. A claimant must succeed in its own litigation to obtain refund based on mistake of law and cannot rely on orders in favour of another assessee. Consequently, time-barred refund claims beyond the prescribed period are not maintainable.
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