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2021 (7) TMI 163 - AT - Central ExciseRefund of CENVAT Credit - clearances under CT1 Certificates for export - applicability of time limitation - paragraph 3(b)(i) of the N/N. 27/2017-C.E.(N.T.) - HELD THAT:- Reliance placed on an order of the Mumbai Bench of the CESTAT in the case of OCEANS CONNECT INDIA PVT LTD VERSUS CCE PUNE-III [2016 (9) TMI 377 - CESTAT MUMBAI] wherein, after considering the arguments and the provisions, the Co-ordinate Bench has held that From the aforesaid provision in clause (D) of Rule 5(1) for export turnover of services, one of the element is payment received during the relevant period for export services. In the present case as per the FIRC the payment in convertible foreign currency was received during the relevant quarter therefore the same should be considered as export turnover during the relevant quarter only. There is no provision in the definition of turnover of services that the export turnover should be taken as per the date of invoice. The refund has to be computed by taking date of FIRC during the particular quarter for the purpose of export turnover. The denial of refund of CENVAT Credit as time-barred is not acceptable - Appeal allowed - decided in favor of appellant.
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