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2017 (10) TMI 752 - AT - Service TaxRefund claim - time limitation - Rule 5 of CCR, 2004 - rejection of refund on the ground that the claim have been filed beyond the period of one year from the date of issuance of the export invoice - Held that: - the issue is no more res integra and stand settled by Larger Bench decision of the Tribunal in the case of Commissioner of Service Tax, Goa Vs Ratio Pharma India Pvt Ltd. Vs [2015 (4) TMI 462 - CESTAT MUMBAI], where it was held that the relevant date for determining of limitation period is the date of receipt of foreign exchange - in the present case, the refund claims has been filed within a period of one year from the date of receipt of the foreign exchange, refund remains allowed. Whether the appellant is entitled to avail the credit of service tax which was not paid to the service providers within the time-limit of three months from the date of the invoices in terms of provisions of Rule 4 (7) of CCR, 2004? - Held that: - Rule 4(7) of Cenvat Credit Rules provides that if payments are not made within a period of three months, the credit availed by the recipient of the input services is to be paid back. The Tribunal has no powers to relax or extend the said period of three months provided under the law, being a creature of the Statute - the denial of the credit on the said count by the lower authorities is upheld. Penalty - Held that: - the issue involved is bonafide interpretation of the provisions of law and as the appellants had reflected the taking of the credit, in the statutory records, no malafide can be attributed to them - penalty set aside in toto. Appeal allowed in part.
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