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1 year time limit to claim refund under Rule 5 of CCR reckoned from the date of receipt of export proceeds and not from date of export of services

Cenvat Credit - By: - Bimal jain - Dated:- 13-4-2016 - Dear Professional Colleague, We are sharing with you an important judgement of the Hon ble CESTAT of Bangalore in the case of Infosys Technologies Ltd. Vs. Commissioner of Service Tax, Bangalore [ 2016 (2) TMI 849 - CESTAT BANGALORE ] on the following issue: Issue: Whether 1 year time limit to claim the refund of Cenvat credit under Rule 5 of the Cenvat Credit Rules, 2004 ( the Credit Rules ) should be counted from the date of export of serv .....

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ch 2008 in terms of Rule 5 of Credit Rules. Revenue s contention: The Revenue rejected part of refund claim as time-barred on ground that refund claim must be filed within 1 year from date of export of services. Appellant s contention: There is no time limit for refund claim of the unutilised Cenvat credit in terms of Rule 5 of the Credit Rules. Notification No. 5/2006-CE (NT) dated March 14, 2006 ( Notification No.5 ) issued under Rule 5 of the Credit Rules refers to Section 11B of the Central .....

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ized credit, but, that would not rule out applicability of Section 11B. Relevant date should be the date of export. Since, as per Rule 3(2) of erstwhile Export of Services Rules, 2005, export of service is complete when consideration for same is received from foreign buyers, hence, relevant date would be 'date on which consideration for exported service is received'. Thus, matter was remanded back for allowing refund falling within 1 year from date of receipt of consideration. Our Commen .....

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