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2017 (7) TMI 904

Head Note:
Refund of CENVAT credit - Section 11B - time limitation - denial on the ground that appellant had filed the application for refund claims of Cenvat credit beyond the period of one year from the date of export of services - Held that: - It is noticed that the appellant had sought refund claim under the provisions of N/N. 27/2012-C.E (N.T) wherein it is mentioned that application needs to be filed for refund of the unutilised Cenvat credit within the time limit prescribed under the relevant provisions of the notifications. It is noticed that the entire issue is res integra inasmuch the interpretation of the lower authorities in this case is regarding the relevant date of filing of refund claim - N/N. 27/2012-CE (N.T) by N/N. 14/2016-C.E (N.T), dated 01.03.2016 so as to read what would be the period of one year in respect of service provider, wherein it is mentioned that it will be from the date of receipt of payment in convertible foreign exchange and also the said notification contemplates as to receipt payment of service has been as an advance prior to the date of issue of the invoice.

There is no dispute as to that the refund claims have been filed within one year of receipt of foreign exchange remittances - appeal allowed - decided in favor of appellant.


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