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2022 (9) TMI 899 - KARNATAKA HIGH COURT100% EOU - Time Limitation - relevant date for consideration of refund claim - whether the initial date of submission of the subject refund claim on 31.03.2008 is the relevant date for computation of the period of limitation under Section 11B of the Central Excise Act, 1944 for refund of unutilized CENVAT Credit for the period 2006-07? - HELD THAT:- In appellant's own case M/S. SURETEX PROPHYLACTICS INDIA PRIVATE LIMITED, M/S. MACH AERO COMPONENTS PVT. LTD., M/S. CONTINENTAL AUTOMOTIVE COMPONENTS (INDIA) PVT. LTD. VERSUS THE COMMISSIONER OF CENTRAL EXCISE CUSTOMS & SERVICE TAX BANGALORE I [2020 (5) TMI 225 - KARNATAKA HIGH COURT] this Court has held that the application for claiming refund of unutilized CENVAT Credit should be within the limitation or time prescribed under Section 11-B of the Central Excise Act, 1944. It has been further held that the time limit has to be computed from the last date of the last month of the quarter which would be the relevant date for the purposes of examining whether the claim is filed within the period of limitation prescribed under Section 11-B or otherwise. In the instant case, for the financial year 2006-07, which ends on 31.03.2007, the application has been filed on 31.03.2008 - In view of the admission by the Revenue in the statement of facts that the application was filed on 31.03.2008, the assessee's argument is accepted that the application was filed on 31.03.2008. This appeal merits consideration so far as the refund claim for the last quarter is concerned - Appeal allowed in part.
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