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2015 (12) TMI 949 - CESTAT BANGALOREDenial of refund claim - Unutilized CENVAT Credit - Rule 5 of Cenvat Credit Rules 2004 read with Notification No. 5/2006-C.E. (N.T.) - whether the lower authorities were correct in rejecting the refund claim on the ground that the same was filed beyond the period of one year - Held that:- Tribunal has clearly held that the date of receipt of consideration is relevant for calculating relevant date and the limitation would be applicable as per the provisions of Section 11B and when these two principles are applied to the present case, the appellant would be eligible for refund in respect of the amounts received after 18-11-2007. Accordingly, the appeal is allowed to the extent of refund claim on the basis of receipt of payments to the services rendered from 18-11-2007 to 15-5-2008 which was not originally allowed by the Commissioner (Appeals). As regards decision in the case of mPortal [2011 (9) TMI 450 - KARNATAKA HIGH COURT ] of Hon’ble High Court relied upon, this was considered in Apotex case [2015 (3) TMI 346 - CESTAT BANGALORE] by the Tribunal - Decided in favour of assessee.
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