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2018 (6) TMI 45 - AT - Service TaxPeriod of Limitation - Refund of CENVAT credit - Relevant Date - whether the relevant date is the date shown in the invoice or the date when the FIRC is received in India in the case of refund claim filed with respect of export of services? - Held that - The Larger Bench of the Tribunal in the case of Commissioner of Central Excise Vs. Span Infotech (India) Pvt. Ltd. 2018 (2) TMI 946 - CESTAT BANGALORE has held that the relevant date for the purposes of deciding the time limit for consideration of refund claims under Rule 5 of CENVAT Credit Rules has to be taken the end of the quarter in which the FIRC is received and not the date of invoice - the rejection of refund on the ground of time-bar is unjustified - appeal allowed - decided in favor of appellant.
Issues involved:
1. Rejection of part of the refund claim on the ground of being time-barred. 2. Determining the relevant date for computing the period of limitation for refund claims under Rule 5 of CENVAT Credit Rules in the case of export of services. Analysis: Issue 1: Rejection of part of the refund claim on the ground of being time-barred The appellant filed a Rule 5 refund claim, and a portion of it was rejected as time-barred. The counsel argued that the relevant date for deciding the time limit for considering refund claims should be the end of the quarter in which the FIRC (Foreign Inward Remittance Certificate) is received, not the date of the invoice. The Tribunal, in the case of Commissioner of Central Excise Vs. Span Infotech (India) Pvt. Ltd., held that the relevant date for time limit consideration should be the end of the quarter when the FIRC is received. The Commissioner (Appeals) had allowed the credit in respect of unregistered premises. The Tribunal further cited a decision by the jurisdictional High Court favoring the assessee, stating that the relevant date could be the date of receipt of FIRCs. Ultimately, the rejection of the refund claim on the ground of being time-barred was deemed unjustified, and the appeals were allowed with consequential relief. Issue 2: Determining the relevant date for computing the period of limitation for refund claims under Rule 5 The main issue was to ascertain whether the relevant date for refund claims in the case of export of services should be the date shown in the invoice or the date when the FIRC is received in India. The Tribunal, following previous decisions, concluded that the relevant date for deciding the time limit for refund claims under Rule 5 of the CENVAT Credit Rules should be the end of the quarter in which the FIRC is received. This decision was supported by a similar view taken in the case of Bechtel India Pvt. Ltd. Vs. Commissioner of Central Excise, Delhi, and by the jurisdictional High Court in a cited case. The Tribunal emphasized that any beneficial amendment to the statute may be given retrospective effect, but provisions imposing a burden or liability should be viewed prospectively. Therefore, in the case of export of services, the relevant date for determining the time limit for consideration of refund claims under Rule 5 of the CCR was held to be the end of the quarter in which the FIRC is received. This comprehensive analysis of the judgment addresses the issues involved and provides a detailed understanding of the Tribunal's decision and the legal principles applied.
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