2009 (10) TMI 819

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....anager, for the Respondent. ORDER Respondents filed a refund claim for Rs. 68,703/- on 22-12-1992 being the excess duty paid on Plain Polypropylene Films imported on 13-7-1992. Excess duty was paid since the department insisted on enhancing the value. The refund claim was rejected on 29-8-1995, after provisional assessment was finalized by adopting enhanced value. Respondents challenged both....

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....r the delay beyond three months of order of Commissioner (Appeals) dated 19-3-1997, in respect of refund of Rs. 68,703/-. 2. Revenue is in appeal against this order. Learned DR submits that provisions for interest for late refund on account of finalization of provisional assessment was inserted with effect from 13-7-2006 vide Finance Act, 2006 and therefore respondents are eligible for interest....

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....provisional assessment. The Tribunal vide order dated 8-10-2007 had rejected the appeal filed by the Revenue against the order of the Commissioner (Appeals) by which he had allowed the refund claim as well as assessment on the basis of transaction value. This order has not been challenged and has attained finality as per records. As rightly observed by Commissioner (Appeals), order of Commissioner....