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    <title>2015 (11) TMI 662 - CESTAT NEW DELHI</title>
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    <description>Refund on exported replacement goods was held not to be time-barred because limitation had to be computed from the original filing made within one year of export, not from resubmission after rectification, and rejection on limitation could not rest on a ground not raised in the show-cause notice. The absence of a letterhead was treated as a non-mandatory procedural defect under Notification No. 19/2004-CE(NT), and minor procedural lapses could not defeat a refund where export and duty payment were undisputed. Foreign exchange realisation was held irrelevant for free replacement goods. The refund was therefore allowed.</description>
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    <pubDate>Wed, 04 Nov 2015 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=267853</link>
      <description>Refund on exported replacement goods was held not to be time-barred because limitation had to be computed from the original filing made within one year of export, not from resubmission after rectification, and rejection on limitation could not rest on a ground not raised in the show-cause notice. The absence of a letterhead was treated as a non-mandatory procedural defect under Notification No. 19/2004-CE(NT), and minor procedural lapses could not defeat a refund where export and duty payment were undisputed. Foreign exchange realisation was held irrelevant for free replacement goods. The refund was therefore allowed.</description>
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      <pubDate>Wed, 04 Nov 2015 00:00:00 +0530</pubDate>
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