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2016 (2) TMI 609 - AT - Service TaxRefund of un-utilized cenvat credit - period of limitation - export of services - refund claim filed within one year from the end of relevant quarter - rule 5 of Cenvat Credit Rules, 2004 - Held that:- unless the entire quarter is completed, the exporter cannot file his refund claim, as the crucial documents like Bank Realization Certificate issued during the said quarter are required to be submitted along with the refund claim. Also the formula prescribed in the new Rule 5 of the CCR requires the use of 'Net CENVAT credit' which can be arrived at only at the end of the relevant quarter Notification provides for filing of refund claim within specific period, that would be applicable and the provisions of Section 11B of Central Excise Act, 1944 which is sought to be relied upon by the AR as well as in grounds of appeal is not applicable, as refund claim is filed by the respondent is not under Section 11B of the Central Excise Act; accordingly I do not find any error in decision of the first appellate authority as well as the Tribunal, no error apparent on the face of record; on this count, i.e. that the claim is to be filed within one year and after end of the quarter. - Refund cannot be denied - Decided against the revenue.
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