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2018 (4) TMI 1100 - AT - Service TaxRefund of CENVAT credit - time limitation - refund claim filed after the expiry of 60 days provided in the N/N. 41/2007-ST - Held that - Tribunal in the case of M/s. Knitex Textiles Pvt. Ltd. Vs Commissioner of Central Excise, Mumbai 2015 (3) TMI 1102 - CESTAT MUMBAI has taken into consideration a subsequent Notification No. 17/2009-ST, dated 07.07.2009, which extended the period for filing refund claims to one year and has observed that the exports undertaken prior to 07.07.2009 and the refund claims being filed within one year would be covered by the notification. The case of respondent is that some of the claims would fall within the time-limit of one year as prescribed in the subsequent N/N. 17/2009-ST, dated 07.07.2009 - the matter remanded to the original authority for deciding the refund claim afresh - appeal allowed by way of remand.
Issues:
Refund of Cenvat credit of Service tax for export of goods - Interpretation of Notification No.41/2007-ST regarding time limit for filing refund claims - Applicability of general limitation period under section 11B. Analysis: The judgment revolves around the disputed issue of refunding Cenvat credit of Service tax utilized for exporting goods, specifically concerning the time limit for filing refund claims as per Notification No.41/2007-ST. The Tribunal highlighted the importance of adhering strictly to the 60-day period prescribed in the notification, as seen in previous cases like M/s. Midex Global Pvt. Ltd. vs Commissioner of Customs and Central Excise, Indore. Additionally, in cases such as M/s. Spark Engineering P. Ltd. vs Commissioner of Central Excise, Ghaziabad, it was emphasized that the limitation period specified in the notification cannot be extended by general provisions of limitation under the Act. Reference to other Tribunal decisions further supported this stance, reinforcing the significance of the specified time frame for filing refund claims. The judgment also addressed a subsequent Notification No. 17/2009-ST, dated 07.07.2009, which extended the period for filing refund claims to one year. The respondent cited the case of M/s. Knitex Textiles Pvt. Ltd. vs Commissioner of Central Excise, Mumbai, where it was noted that exports conducted before 07.07.2009, with refund claims filed within one year, would be covered by this notification. However, the Revenue contended that even if claims fell within the one-year period, they would still face challenges on merits. Considering the decisions in the case of M/s. Knitex Textiles Pvt. Ltd., the Tribunal decided to set aside the impugned order and remand the matter to the original authority for a fresh decision based on the observations made. In conclusion, the Tribunal's judgment provides a comprehensive analysis of the issues surrounding the refund of Cenvat credit of Service tax for export of goods, emphasizing the importance of adhering to the specific time limits prescribed in notifications and the applicability of general limitation periods. The reference to previous cases and subsequent notifications adds depth to the decision-making process, ensuring a thorough examination of the legal framework governing refund claims in such cases.
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