TMI Blog2016 (8) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... last day of the quarter as a practical unavoidability . Claims not time barred - eligibility for refund to that amount of credit as is the proportion that the export turnover bears to the total turnover - Appeal dismissed – cross objection disposed off. - APPEAL NO. ST/86212/2015 , CROSS OBJECTION NO: ST/CO-91116/2015 - A/88371-88372/16/SMB - Dated:- 18-1-2016 - Shri C J Mathew, Member (Techn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port of services were eligible for reimbursement under Rule 5 of the CENVAT Credit Rules, 2004. 3. The impugned order is under challenge as the first appellate authority, while deciding whether the claim had been preferred within the time limit prescribed in the procedure embodied in notification no. 5/2006-CE (NT) dated 14th March 2006, took the view that the last day of the quarter to which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 11B of the Central Excise Act, 1944(1 of 1944). According to him, the relevant date, among the many described in section 11B of Central Excise Act, 1944 is the date of payment of duty. 5. However, paragraph 3 of the appendix in the notification supra requires the application form to be backed by a copy of the invoice as well as certificate from the bank certifying realization of rem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the last date commencing with the date of receipt of inward remittance, due regard must be had to the last day of the quarter as a practical unavoidability Accordingly, the finding in the impugned order that the claims are not time-barred is equitable and legal. 7. Consequent upon this finding, the impugned order has computed the eligibility for refund to that amount of credit as is the prop ..... X X X X Extracts X X X X X X X X Extracts X X X X
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