2014 (4) TMI 1160

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....the Respondent. ORDER Issue notice. 2. Mr. Satish Kumar, Sr. Standing Counsel accepts notice on behalf of respondent. 3. The following question of law arises for consideration : - "Did the Tribunal fall into error in rejecting the appellant's claim for refund of Rs. 5,76,180/- on the ground that in terms of Notification No. 102/2007, the application is time barred?" 4. The app....

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....M/s. Grand Metal Industries had paid VAT and that the appellant could not, therefore, legitimately claim refund of these amounts. The appellant's appeal was rejected by the Tribunal which reasons that the prevailing position as to the limitation was in no manner altered by issuance of Notification No. 102/2007 which did not have retrospective effect. 5. This Court has recently in its judgmen....

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.... of VAT, was held to be erroneous. In this view of the matter, it is held that the appeal, at least as far as the undisputed amounts with respect to the 5 bills of entry are concerned, requires to be allowed. So far as the 6th bill of entry is concerned, appellant asserts that the C.B.E. & C. Circular No. 16/2008 paragraph (viii) covers the aspect and that payments made by clearing or forwarding a....