2018 (4) TMI 665 - AT - Service Tax

Refund claim - time limitation - relevant date - whether for the purpose of refund claim u/r 5 and Notification issued thereunder, the time period of 1 year for filing the refund should be reckoned from the date of invoice of the export service or from the receipt of convertible foreign exchange? Held that - this Tribunal consistently held that the relevant date for filing the refund is date of receipt of convertible foreign exchange/ FIRC - reliance placed in the case of M/s. Bechtel India Pvt. Ltd. Versus CCE, Delhi 2013 (7) TMI 490 - CESTAT NEW DELHI . Appeal dismissed - decided against Revenue.

Summary

The Appellate Tribunal CESTAT MUMBAI ruled that the relevant date for filing a refund claim under Rule 5 is the receipt of convertible foreign exchange. The Tribunal dismissed the Revenue's appeal as the issue is settled law. Stay application also disposed of.