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2016 (2) TMI 609

Held that:- unless the entire quarter is completed, the exporter cannot file his refund claim, as the crucial documents like Bank Realization Certificate issued during the said quarter are required to be submitted along with the refund claim. Also the formula prescribed in the new Rule 5 of the CCR requires the use of 'Net CENVAT credit' which can be arrived at only at the end of the relevant quarter

Notification provides for filing of refund claim within specific period, that would be applicable and the provisions of Section 11B of Central Excise Act, 1944 which is sought to be relied upon by the AR as well as in grounds of appeal is not applicable, as refund claim is filed by the respondent is not under Section 11B of the Centr .....

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t it may not have any effect on refund which has been sanctioned to the assessee, as the Commissioner (Appeals) has reduced the amount from export turnover sales to total turnover and the appellant being a 100% EOU, conclusion has been correctly reached by the first appellate authority. As regards the relevant date as to the end of the quarter, it is his submission that the refund should be filed within one year of the end of the quarter. 4. I have considered the submissions made by both the sides and perused the application for Rectification of Mistake. 4.1 As regards the first error sought to be rectified, I find that in para 8 of the order dated 13.4.2015 of the Tribunal, the Bench has recorded that refund claim has been filed within one .....

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o the formula prescribed in the new Rule 5 of the CCR requires the use of 'Net CENVAT credit' which can be arrived at only at the end of the relevant quarter. Accordingly, I find that it is not legally correct to consider any date in between the quarter as the 'relevant date'. To illustrate, let me take the example of any Bank Realization Certificate issued in June, 2012. The as per Notification No. 27/2012 CE (N.T.) this Bank Realization Certificates has to be submitted along with other Bank Realization Certificates of that quarter, which may include Bank Realization Certificates of April, 2012 also. For the refund claim for the quarter April to June, 2012, if the earliest Bank Realization Certificates is dated 10.04.2012, .....

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