2013 (7) TMI 490

Head Note / Extract:
Refund of cenvat credit - Rule 5 of CCR - Period of limitation - whether claims filed by the assessees are time barred as held by lower authorities or in time as claimed by the assesse - Held that:- All the four claims have been filed with 1 year from the date of receipt of foreign exchange and are therefore filed in time and cannot be held as time barred - for claiming refund under Rule 5 of the Cenvat Credit Rule 2004, output service is required to be exported in accordance with procedure laid down Export of Service Rule 2005 (as per condition 1 of the Appendix to Notification 5/2006) - Section 11B is made applicable for claiming refund under Rule 5 of the Cenvat Credit Rules as per condition 6 of Notification 5/2006 - In case of export of Services export is complete only when foreign exchange is received in India - relevant date of export of services is date of receipt of foreign exchange – appeal allowed in favour of assessees.