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2022 (9) TMI 389 - Central Excise
Refund of Cenvat credit remained to be utilized on account of exports of excisable goods under bond - time limitation - refund is time barred for the period from 01.04.2012 to 05.06.2012 or not - Section 11B of Central Excise Act, 1944 - HELD THAT:- In terms of Rule 5 read with Notification No. 27/2012- CE (NT) dated 18.06.2012, an assessee is required to file one claim for each quarter that is at the end of the quarter.
The time limit prescribed under Section 11B is clearly applicable in respect of the refund governed under Rule 5 of Cenvat credit Rules, 2004 read with Notification No. 27/2012-CE. However, the condition provided for filing the refund is an asseessee has to file one refund claim at the end of the quarter for which refund is sought for. In the present case for the period April, 2012 to June, 2007, the refund claim has to be filed after completion of the quarter i.e in the month of July, 2012 - In this case admittedly the refund claim was filed on 05.06.2013. It is clearly established that the refund claim was filed within 1 year from the due date even if it is taken as 1st July, 2012.
It can be seen that a consistent view has been taken by various benches that in respect of refund under Rule 5 wherein it is provided to file a refund claim for each quarter, the period of limitation shall be reckoned from the end of the quarter - In the present case the quarter ends on 30 June, 2012 from which the limitation prescribed under Section 11B expires on 30 June, 2013, whereas admittedly the refund claim for the quarter April, 2012 to June, 2012 was filed on 05.06.2013, which is well within the stipulated time limit of 1 year. Therefore, the refund in the instant case is clearly not time bar.
Both the Lower Authorities have erred in holding that the refund claim of the appellant is time bar.
Appeal allowed - decided in favor of appellant.