TMI Blog2018 (5) TMI 1671X X X X Extracts X X X X X X X X Extracts X X X X ..... NGALORE], has unanimously held that the relevant date for the purposes of deciding the time limit for consideration of refund claim under Rule 5 of CENVAT Credit Rules may be taken as the end of the quarter in which the FIRCs are received in cases where refund claims are filed on a quarterly basis - the appeal needs to be remanded back to the original authority to dispose of the refund claim as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce credit as per the CENVAT Credit Rules. The appellant filed a refund claim for April 2013 to September 2014 in respect of unutilized CENVAT credit giving all the required particulars along with all documents including the FIRCs, service agreement, statement of correlation between FIRC and Export invoices, statement of CENVAT credit etc. along with refund claim. Thereafter a show-cause notice was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the judgment of the Hon'ble Madras High Court in the case of CCE, Coimbatore Vs. GTN Engineering (I) Ltd. [2012(281) ELT 185 (Mad.)] wherein it has been held that the relevant date for computation of one year as specified in Section 11B of the Central Excise Act, 1944 means one year from the date of issuance of export invoice . He further submitted that the Commissioner(Appeals)' reliance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the party, has unanimously held that the relevant date for the purposes of deciding the time limit for consideration of refund claim under Rule 5 of CENVAT Credit Rules may be taken as the end of the quarter in which the FIRCs are received in cases where refund claims are filed on a quarterly basis. 5. Learned AR for the Revenue defended the impugned orders He further submitted that para 3(b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in view of the judgment of the Madras High Court, the relevant date should be the date on which the export of goods was made. 6. Since the Larger Bench has clarified the position with regard to the relevant date for computing the period of one year, by following the ratio of the Larger Bench in the above said decision, I am of the considered opinion that the appeal needs to be remanded ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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