9911796707
TMI Blog2016 (9) TMI 288X X X X Extracts X X X X X X X X Extracts X X X X ..... ice President (Finance) of the respondent Co. For the Respondent ORDER The miscellaneous application for stay of operation of the impugned order filed by the appellant is rejected. Since the issue involved in this appeal lies in a narrow compass, the appeal itself is taken up for disposal. 2. The brief facts of the case are that M/s. String Real Estate Information Services Pvt. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner (Appeals) and submitted that the adjudicating authority has rightly denied the input service credit of Rs. 8,91,090/- on the ground of limitation of time. However, the Commissioner (Appeals) set aside the order of the adjudicating authority to the extent of rejection of refund claim as time barred, is not legal and proper. He has observed that the relevant date in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upheld. 4. Shri R. Prakash, Vice President (Finance) of the respondent Company represented for the respondents submitted that the relevant date is the date of receipt of convertible foreign exchange in the Bank account of the exporter and therefore the refund claim was filed in time and cannot be held as time barred. In support of his contentions, he relied on the decision of the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that refund claim pertaining to export invoices prior to 11.07.2012 was hit by time bar and hence rejected as ineligible credit. But, Commissioner (Appeals) dealt the limitation issue in depth and passed a detailed order and held that inasmuch as the refund is related to Cenvat credit taken during the given period and the same shall be taken till the last day of the given period, namely th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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