2010 (6) TMI 529 - AT - Service Tax

Refund of Cenvat credit - The impugned order allowed the claim for refund - The procedure prescribed in Notification No. 5/2006-C.E. (N.T.) dated 14-3-2006 issued in terms of Rule 5 of the Cenvat Credit Rules, 2004 - Revenue seeks stay of operation of this order and restore the order of the original authority. Held that the Tribunal followed a judgment of Hon ble M. P. High Court wherein it was held that law of limitation under Section 11B of the Central Excise Act did not apply to refund of Cenvat credit accumulated owing to export of finished goods - Hence, the Revenue s application for staying the operation of the impugned order and the same is rejected.

Summary

The Appellate Tribunal CESTAT, Bangalore allowed the claim for refund of Rs. 12,65,498/- Cenvat credit following prescribed procedure. The Revenue's request to stay the order was rejected as the Tribunal found it consistent with previous judgments where the law of limitation did not apply to refund of Cenvat credit accumulated due to export of finished goods.