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    <title>2016 (9) TMI 1347 - CESTAT NEW DELHI</title>
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    <description>The Tribunal held that the rejection of the appellant&#039;s refund claim on the grounds of prematurity and limitation was not justified. It was established that once assessments are finalized after being provisional, refund claims cannot be rejected as time-barred. The Tribunal clarified that the appellant did not need to file a new refund claim to address the time-bar issue as the claim was already pending before the original adjudicating authority. The appeal was remanded to address the issues raised and ensure a fair decision based on the finalized assessments.</description>
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      <title>2016 (9) TMI 1347 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=193893</link>
      <description>The Tribunal held that the rejection of the appellant&#039;s refund claim on the grounds of prematurity and limitation was not justified. It was established that once assessments are finalized after being provisional, refund claims cannot be rejected as time-barred. The Tribunal clarified that the appellant did not need to file a new refund claim to address the time-bar issue as the claim was already pending before the original adjudicating authority. The appeal was remanded to address the issues raised and ensure a fair decision based on the finalized assessments.</description>
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      <pubDate>Tue, 06 Sep 2016 00:00:00 +0530</pubDate>
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