TaxTMI 
TaxTMI 
2016 (3) TMI 1214
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....riod 22.01.1996 to 7.11.1996 against the demand on the issue of non-inclusion of dealers discount in assessable value of CTVs cleared for home consumption. After due adjudication process and submission of all the relevant documents finally the issue was decided by the Deputy Commissioner vide order-in-original dated 25.4.2003 wherein it has been held that the dealers discount was not includible in assessable value and ordered for consequential relief. The appellant filed refund claim of Rs. 26,55,354/- on 14.5.2003 as per Rule 7 of the CENVAT Credit Rules 2004 read with Section 11B and 11BB of the Central Excise Act. The Deputy Commissioner in his order-in-original dated 17.09.2004 rejected the said refund claim on the ground that the asses....
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....und claim shall be the date of order of CESTAT i.e. 5.3.2009. Aggrieved by the said order, the appellant had filed the present appeal. 2. Heard both the parties and perused the records. Learned counsel for the appellant submitted that the impugned order is not sustainable in law as the same has been passed contrary to the provisions of the Statute and contrary to the binding judicial precedent. He further submitted that the issue involved in the present case is no more resintegra and has been settled by the various decisions of the Tribunal, High Court and the Supreme Court consistently. In support of his submission, he relied upon the following decisions: 1) Ranbxy Laboratories Ltd Vs UOI [2012 (27) STR 193(S.C.)] 2) UOI Vs Handard (W....
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....reproduce para 14 & 15 from the decision of the apex court which is reproduced herein: "14. At this stage, reference may be made to the decision of this Court in Shreeji Colour Chem Industries (supra), relied upon by the Delhi High Court. It is evident from a bare reading of the decision that insofar as the reckoning of the period for the purpose of payment of interest under Section 11BB of the Act is concerned, emphasis has been laid on the date of receipt of application for refund. In that case, having noted that application by the assessee requesting for refund, was filed before the Assistant Commissioner on 12th January 2004, the Court directed payment of Statutory interest under the said Section from 12th April 2004 i.e. after the ex....