TMI Blog2018 (4) TMI 972X X X X Extracts X X X X X X X X Extracts X X X X ..... aken as the end of the quarter in which the ARC is received, in cases where the refund claims are filed on a quarterly basis. For the purpose of refund under Rule 5 of CENVAT Credit Rules, the relevant date should be taken from the end of the quarter for which the refund pertains. Appeal dismissed - decided against Revenue. - Application No. ST/S/85196, 85198, 85199 & 85200/2018 And In Appeal No. ST/ 85471 to 85474/2018 - A/85861-85864/2018 - Dated:- 27-3-2018 - SHRI RAMESH NAIR, MEMBER (JUDICIAL) AND RAJU, MEMBER (TECHNICAL) Shri M. Suresh, Dye Commissioner (AR), for Appellant Shri Mihir Deshmukh, Advocate with Shri Abhijut Singh, Advocate for Respondent Per: Ramesh Nair The issue involved in the present cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of services is concerned, the various sub-sections specifying relevant date under Section 11B do not cover the case of export of services. Further the exporters of services have been given the option to file claims for such refunds once in a quarter and in respect of 100% EOUs, once in a month. The issue referred to Larger Bench is whether the time limit prescribed under Section 11B in respect of filing of refund claims is to be applied from the date of receipt of payment for export of services or can be considered from the end of the quarter in which such payments have been received 10. After considering the provisions of the Notifications issued under Rule 5 of the CCR, we note that there is a specific condition that the refund c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the end of the quarter. The Tribunal in the case of Site/ India Ltd. (supra) has observed that the relevant date can be taken as the end of the quarter in which FIRC is received since the refund claim is filed for the quarter. 13. Revenue has expressed the view that relevant date in the case of export of services may be adopted on the same lines as the amendment carried out in the Notification No.27/2012, w.e.f. 01/03/2016. Essentially after this amendment the relevant date is to be considered as the date of receipt of foreign exchange. While this proposition appears attractive, we are also persuaded to keep in view the observations of the Hon'ble Supreme Court in the case of Vatika Township (supra), in which the Constitutio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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