TMI Blog2016 (10) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... und of CENVAT Credit on renting of immovable property is allowed, by following the ruling of Karnataka High Court. Refund claim - denial of refund claim on the ground of imitation of time - Held that:- Commissioner (Appeals) dealt the limitation issue in depth and passed a detailed order and held that inasmuch as the refund is related to Cenvat credit taken during the given period and the same shall be taken till the last day of the given period, namely the quarter, the claim for refund can only be filed after the last date of the respective quarter and the relevant date is the date of export and are entitled in terms of Notification No. 27/2012 dated 18.06.2012 read with Section 11 B of CEA, 1944, and the refund claim is not hit by limi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aside the OIO to the extent of rejection of refund claim as time barred. Revenue is aggrieved by this order and on appeal before this Tribunal. 3. Ld. A.R, Shri P.Anbuchelvan, Supdt., reiterated the findings of the adjudicating authority and the Commissioner (Appeals) and submitted that the adjudicating authority has rightly denied the input service credit of ₹ 78,202/- on the ground of ineligible input services and limitation. However, the Commissioner (Appeals) has set aside the order of the adjudicating authority to the extent of rejection of refund claim as time barred, is not legal and proper. He has observed that the relevant date in respect of refund claim of export of services for the period after 01.04.12 i.e., after the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n be remanded to the LAA for verification of date of receipt of payment of foreign exchange to ascertain whether it is well within the period of limitation, He further submitted that this plea was also taken before the authorities below. 5. Heard both side and perused the records. It is seen that the adjudicating authority while deciding the refund claim held that refund claim pertaining to export invoices dated 29.02.2012 was hit by time bar since the refund claim was received after one year from the date of above said export invoice and hence rejected as ineligible credit. But, Commissioner (Appeals) dealt the limitation issue in depth and passed a detailed order and held that inasmuch as the refund is related to Cenvat credit taken du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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