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2020 (1) TMI 1492 - AT - Central ExciseRefund claim - time limitation - whether the refund under Rule 5 of CCR filed beyond one year from the relevant date is time barred or otherwise? - HELD THAT - Undisputedly, the refund claims were filed after one year from the date of export of the goods, hence, the same is barred by limitation. Appeal dismissed - decided against appellant.
Issues:
Whether a refund under Rule 5 filed beyond one year from the relevant date is time-barred or not. Analysis: The case involved a dispute regarding the time limitation for filing a refund under Rule 5 of the Cenvat Credit Rules, 2004. The appellant argued that refunds cannot be time-barred under Rule 5. However, the revenue contended that a previous tribunal decision in the appellant's own case had held the refund to be time-barred. The tribunal noted that an identical issue had been decided against the appellant in a prior order dated 31.08.2017. The tribunal referred to the earlier judgment, which stated that the refund claims were rejected due to being filed after one year from the date of export of goods, thus being time-barred. The appellant's counsel argued that since the goods were exported, the refund should be admissible. On the other hand, the revenue's representative relied on a decision of the Hon'ble Madras High Court in the case of CCE, Coimbatore vs GTN Engineering (I) Ltd., which had been followed by the tribunal in previous cases. The tribunal found that the issue was covered by the Madras High Court judgment and upheld by the tribunal's decision in similar cases. As the refund claims were indeed filed after one year from the date of export of goods, the tribunal concluded that the claims were time-barred. Consequently, the tribunal upheld the impugned order and rejected the appeal for being devoid of merit, following the precedent set by previous decisions. In line with the above-coordinated bench decisions, the tribunal dismissed the appeal. The judgment reiterated the principle that refund claims filed after the statutory time limit are barred by limitation, as established by legal precedents and previous tribunal decisions.
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