TMI Blog2018 (8) TMI 1100X X X X Extracts X X X X X X X X Extracts X X X X ..... foreign exchange but from end of the quarter in which the foreign exchange is received - the period of one year shall be computed from the end of the quarter wherein foreign exchange/FIRCs received - appeal allowed by way of remand. - Appeal No. ST/11309/2017-SMC - A/11507/2018 - Dated:- 9-7-2018 - Mr. Ramesh Nair, Member (Judicial) Shri Aditya Tripathi, Advocate for the Appellant(s) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mits that Section 11B is not applicable in case of refund of accumulated Cenvat credit under Rule 5 of Cenvat Credit Rules. He submits that the Commissioner (Appeal) is erred in holding that refund claim should have been filed within one year from the date of realization of convertible foreign exchange. He placed reliance on the following judgments:- (a) M Portal India Wireless Solution Pvt. Li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of Span Infotech (India) Pvt. Limited 2018-TIOL-516-CESTAT-BANG-LB. As per the Larger Bench judgment, limitation under Section 11B is applicable in case of refund under Rule 5 and the relevant date is within one year at the end of quarter, once the convertible foreign exchange against the realization is received. The ld. Commissioner (Appeal) in the impugned order has remanded the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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