paid on such duty, has been paid under
protest. Even assuming that the application fo refund of
amounts paid in such circumstances ... present case the application would
not be barred by limitation as the amounts were paid
under protest. The period of limitation, if any, therefore,
would
00661/2019
2.4 The applicant approached this Tribunal in Original
Application No.200/270/2019, wherein this Tribunal vide order
dated 28.03.2019 (Annexure ... Satna on 28.06.2019
forenoon stating in her application "under protest as per my
Page 3 of 17
4 OA 200/00661/2019
representation sent
mischievous demands of the Opposite Party, signed the said application form under grave duress and protest which was even against the basic commitments ... executed by the Complainant without any duress, pressure or protest. The Complainant before signing the application form for booking as well as the agreement
application for refund has been made before the
commencement of the Central Excises and Customs Laws (Amendment) Act, 1991
(40 of 1991), such application shall ... paid on such duty] has been paid under protest.
[(2) If, on receipt of any such application, the [Assistant Commissioner of Central
Excise or Deputy
time of application applying for the residential accommodation must be
complied with by the project proponent and the version that due to
protest of some ... view to have any compensation or he has not filed this
application for any compensation but only for the reasons to have a
residential accommodation
outstanding fee, which was deposited as directed by the Respondent
Commission, under protest.
3. Questions of Law:-
The Appellant has raised the following questions ... rejected the
various pleas of the Appellant, inter alia including:
a. application of correct regulations for fees; and
b. exercise of power to waive
mainly protesting against the extra amount which was demanded vide letters dated 23.04.1998 and 30.09.1998; that the Complainant filed an application under section ... shall be payable over and above the total sale consideration. The Complainants protested against the levy of escalation charges since they were not chargeable
today. Any amount paid under protest shall be
adjusted.
9. In view of the disposal of the appeal, Misc. Application
No. 7 of 2020 seeking
jusice.
3. We have gone through the pleadings as pleaded in review
application by the applicant and also perused the record.
4. The applicant pleaded ... thoughtful consideration to the
pleadings raised by the applicant/complainant.
Review Application No.11 of 2020 3
In
Consumer Complaint
Annexure A/1), which is
the impugned order in the present Original Application.
5
OA No. 291/1/2017 with MA No. 291/273/2020 ... issued in 2012,
which was accepted by him without any protest.
Therefore, in view of principle of estoppel, he cannot
challenge the same at belated