2010 (12) TMI 583

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....ling the exemption under Notification No. 33/99 dated 8-7-1999 and accordingly received refund of entire duty paid by them through PLA during the period vide orders dated 7-10-2002, 8-11-2002, 9-12-2002 and 6-1-2003. Notification No. 33/99 dated 8-7-1999 was amended by Notification No. 61/2002 dated 23-12-2002 which placed an additional restriction on the quantum of refund available to the assesses availing Notification No. 33/99 by restricting the refund of amount paid in cash not to exceed the difference between the amount paid in cash and credit attributable to inputs contained in the famished goods cleared during the month. This amending Notification has been retrospectively validated by Finance Act of 2003 passed in May 2003. Admittedl....

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....ber, 2002, a sum of Rs. 17,19,100/- was paid in excess during October, 2002, a sum of Rs. 20,38,702/- was paid in excess during November 2002 and there was no excess payment during December, 2002 and January, 2003 and in fact the excess payment made in earlier months were adjusted during these two months. He relies on the Board's Circular No. B-3/5/2003-TRU dated 30-4-2003 para 4.1 and submits that for the purpose of adjustment of cash refund paid in excess, the entire period should be taken together. He submits that in the refund claim for the month of January, 2003, they claimed only a sum of Rs. 31,73,676/- even though they were entitled to claim a refund of Rs. 66,97,056/- and thus adjusted the entire excess refund paid to them during t....