2017 (7) TMI 395

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....lant Shri Pawan Kumar Singh, Superintendent (AR), for Respondent ORDER Per: Anil G. Shakkarwar The present appeal is directed against Order-in-Appeal No.37-CE/LKO/2011 dated 28/02/2011 passed by Commissioner of Customs, Central Excise & Service Tax (Appeals), Lucknow. 2. The brief facts of the case are that the appellant were engaged in the manufacture of telecom equipments falling ....

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....009. The Assistant Commissioner of the Jurisdictional Division, Raebareli through Order-in-Original No.102/Refund/RBL/2010 dated 02/07/2010 rejected the said refund on the ground of unjust enrichment and issue of limitation. The appellant preferred appeal before Commissioner (Appeals). Ld. Commissioner (Appeals) decided the appeal through impugned Order-in-Appeal dated 28/02/2011 wherein the ld. C....

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....,05,82,207/- was paid by appellant for the Financial Years 1994-95 & 1995-96. Therefore, it is not true that the documentary evidence was not produced before the Original Authority. (B) As provided under Rule 9B of the Central Excise Rules, 1944 the Assistant Commissioner finalizing provisional assessment should have passed refund without appellant-assessee making a separate application for ref....

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...., even in any case any excess payment at any instance made to ITI Ltd. by BSNL the same is recovered either from balance payments from that particular Purchase Order value or from other issued Purchase Order value. 5. Heard the ld. D. R. for Revenue, who has supported the impugned Order-in-Appeal dated 28/02/2011. 6. Having considered the submissions from both sides and on perusal of said ce....