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TMI Blog2015 (12) TMI 1056X X X X Extracts X X X X X X X X Extracts X X X X ..... evant date. The time limit of one year prescribed under Section 11B of the Central Excise Act would be computed from this date and refund claims submitted within the said time limit of one year from the said date would be eligible for refund. We find fort for our view from the decision of the Hon'ble Madras High Court in the case of GTN Engineering (I) Limited vs. CCE, Coimbatore read with the decision of the Hon’ble Gujarat High Court in the case of CCE. & Cus., Surat vs. Swagat Synthetics (2008 (7) TMI 208 - HIGH COURT GUJARAT ) and the Tribunal decision in the case of Apotex Research Pvt. Limited and Others vs. Commissioner of Customs, CCE & ST, Bangalore (2015 (3) TMI 346 - CESTAT BANGALORE). A careful and harmonious reading of thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants submits that they are 100% EOU, have availed CENVAT credit on input and input services in or in relation to providing output services. As they were exporting the entire services, they had not utilised the CENVAT credit availed. Therefore, they sought refund of the accumulated CENVAT credit. Revenue has rejected their claims on the grounds that the said claim were filed after the time-limit of one year prescribed under Section 11B of the Central Excise Act, 1944. The learned Counsel submits that the said time-limit is not applicable in the present case. His contention is that Section 11B is applicable only to the refunds of duty and interest; whereas refund of CENVAT credit is governed by Rule 5 of Cenvat Credit Rules which has not pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted vs. CCE, Coimbatore 2011-TIOL-1037-CESTAT-BANG. 5. On consideration of the arguments of both sides and careful perusal of the records, we find force in the arguments of the learned Authorised Representative for Revenue as notification 27/2012-CE (NT) dated 18.06.2012 specifically mentions that the time limit mentioned under Section 11B would be applicable for refund of CENVAT credit. The next factor to be considered would be the relevant date for computing the time-limit prescribed under Section 11B for this aspect, we find force in the submission of the learned Counsel that the date of export invoice should be treated as the relevant date. The time limit of one year prescribed under Section 11B of the Central Excise Act would be co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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