9911796707
TMI Blog2016 (9) TMI 288X X X X Extracts X X X X X X X X Extracts X X X X ..... when foreign exchange is received in India, this matter was not considered and requires consideration – matter remanded with the direction to verify the date of receipt of foreign exchange received in India to determine the relevant date of export to decide the limitation aspect – appeal disposed off. - ST/MISC/40369/2016, ST/CO/40502/2016 in ST/40930/2016 - FINAL ORDER Nos. 41082/2016 - Dated:- 24-6-2016 - Shri P.K. Choudhary (Judicial Member) Shri P Anbuchelvan, Supdt. (AR) For the Appellant Shri R. Prakash, Vice 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 of CCR, 2004, shall be the last day of the quarter for which refund is claimed and held that the refund claim for the period July 2012 to September 2012 was filed on 10.07.2013. He submitted that date of invoice should be the relevant date and not the date of export and Notification No. 5/2006 - CE (NT) prescribes a condition for grant of refund and the same has to be implemented and applied and it mandates one claim should be filed for a quarter is only to restrict the number of claims and not to override the provisions of Section 11B. Hence, he prayed that the impugned order may be set aside and the order of the adjudicating authority be upheld. 4. Shri R. Prakash, Vice President (Finance) of the respondent Company represented for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d can only be filed after the last date of the respective quarter and the relevant date is the date of export and are entitled in terms of Notification No. 27/12 dated 18.06.2012 read with Section 11 B of CEA, 1944, and the refund claim is not hit by limitation. The case laws relied upon by the respondent assessee are in their favour and they are squarely applicable to the present case. As per Rule 5 of CCR, 2004, in case of export of services, export is complete only when foreign exchange is received in India. This aspect has not been brought out by both the authorities below. Hence, the matter is remanded to the adjudicating authority with the direction to verify the date of receipt of foreign exchange received in India to determine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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