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    <title>1992 (4) TMI 120 - CEGAT, NEW DELHI</title>
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    <description>A refund claim is treated as filed within limitation when it is lodged in time with the proper subordinate excise officer within the same jurisdictional hierarchy, even if forwarded later to the deciding authority. Payment under protest, supported by documentary evidence such as endorsed gate passes and accepted by the Department, prevents the refund claim from being defeated by limitation. Where the applicable limitation period is six months under the Central Excise Rules, a claim filed beyond that period is barred except to the limited extent of duty paid within the surviving period. Partial refund relief was therefore available, with only the time-barred portion rejected.</description>
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    <pubDate>Mon, 13 Apr 1992 00:00:00 +0530</pubDate>
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      <title>1992 (4) TMI 120 - CEGAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=81713</link>
      <description>A refund claim is treated as filed within limitation when it is lodged in time with the proper subordinate excise officer within the same jurisdictional hierarchy, even if forwarded later to the deciding authority. Payment under protest, supported by documentary evidence such as endorsed gate passes and accepted by the Department, prevents the refund claim from being defeated by limitation. Where the applicable limitation period is six months under the Central Excise Rules, a claim filed beyond that period is barred except to the limited extent of duty paid within the surviving period. Partial refund relief was therefore available, with only the time-barred portion rejected.</description>
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      <pubDate>Mon, 13 Apr 1992 00:00:00 +0530</pubDate>
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