VISAKHAPATNAM STEEL PLANT Vs. CCE

JUDGEMENT

(1.) THE short point to be considered in these appeals, whether refund claim relating to Modvat credit is subject to limitation or not, in terms of Section 11B of the Act.

(2.) SMT . Radha Arun, SDR for Revenue justified the action of the Department in rejecting the refund claim as barred by time and submitted all refund claims are subject to limitation prescribed under Section 11B of the Act.

(3.) FOLLOWING the ratio of the aforesaid decision, we accept the plea of the party. In the result, these two appeals are allowed.