2017 (10) TMI 952 - AT - Central Excise

Refund claim - time limitation - N/N. 49/2007-ST, dated 6.10.2007 - Held that - Notification says that the claim for refund shall be filed on a quarterly basis, within 60 days from the end of the relevant quarter during which the said goods have been exported - In the present case, the appellant has filed the refund claim after expiry of the period of 60 days. When it is so then it is the contravention of the provisions of clause 2(e) of the N/N. 49/2007-ST dated 6.10.2007 - appeal dismissed - decided against appellant.

Summary

Issues:

1. Rejection of refund claims on service tax paid on foreign agents' commission and bank charges for exports made during a specific period.
2. Interpretation of time limit for filing refund claims as per Notification No. 49/2007-ST.
3. Applicability of case laws in support of the appellant's claim.

Analysis:

1. The appellant, M/s Suraj Impex (India) Pvt. Ltd., appealed against the rejection of refund claims totaling &8377; 3,21,964/- on foreign agents' commission and &8377; 12,764/- on service tax paid on bank charges for exports made between April 1, 2008, and September 30, 2008. The Revenue rejected the claims as time-barred, alleging they were filed after the stipulated period.

2. The appellant contended that the refund claim for &8377; 3,21,964/- was filed within the 60-day time limit from the date of payment, relying on the case laws of Addi Industries Ltd. Vs. CCE and CCE, Pune Vs. Chandrashekhar Exports. However, the Revenue argued that the claims were filed after the 60-day period specified in Notification No. 49/2007-ST, dated 6.10.2007, which required claims to be filed within 60 days from the end of the relevant quarter of export.

3. The Tribunal noted that the appellant's claims were indeed filed after the 60-day period as mandated by the notification. The Tribunal distinguished the case laws cited by the appellant, emphasizing that the present case fell within the period of March 2008 to September 2008, where the time limit for filing refund claims was strictly 60 days. Consequently, the Tribunal upheld the rejection of the refund claims, deeming the appeal without merit and dismissing it.

This judgment clarifies the importance of adhering to statutory time limits for filing refund claims and highlights the need to consider specific provisions and notifications governing such claims, even when relying on precedents.