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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 .....

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ices or from the date of receipt of export consideration? Facts & Background: Infosys Technologies Ltd. ( the Appellant ) was engaged in export of services and was also availing the benefit of Cenvat credit of Service tax paid on various input se .....

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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 ti .....

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Excise Act, 1944 ( the Excise Act ), but there is no relevant date defined or prescribed for refund claim of the unutilized credit. In the absence of any relevant date defined, it should be left to the assessee to decide as to from which point of tim .....

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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 rece .....

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ts: It would not be out of place here to mention that Notification No. 5 prescribing safeguards, conditions and limitations for the purpose of Rule 5 of Credit Rules was superseded vide Notification No. 27/2012 - CE (NT) dated June 18, 2012 ( Notific .....

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