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TMI Blog2020 (10) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... riginal authority. Since the issue in both the appeals is identical and against a common impugned order, both the appeals are taken together for the purpose of discussion and disposal. The details of refund claims which have been rejected are given below:- Period Refund claimed (Rs.) Amount rejected (Rs.) April 2017 to June 2017 3,62,052/- 3,62,052/- January 2017 to March 2017 5,89,451/- 5,89,451/- 2. Briefly the facts of the present case are that the appellant is a private limited company and registered as 100% EOU under the Foreign Trade Policy. The appellant is in the business of rendering services of medical transcription for hospitals situated outside India and is registered as service provider under the category of Busines ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rter. He further submitted that the appellant have reversed the cenvat credit and produced the evidence along with refund claim in order to claim the refund. He also submitted that under the provisions of Notification No.27/2012, as per paragraph 2(h), for refund of credit under Rule 5 of the Cenvat Credit Rules, 2004, the applicant is required to debit the amount claimed as refund from the Cenvat Credit at the time of making the claim and in the present case, the appellant have debited the cenvat credit account and the same has been recorded in the Order-in-Original also. He further submitted that the appellant has submitted the proof of reversal of cenvat credit also. He further submitted that from the copy of ST3 returns filed before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amine whether the rejection of refund claims is legally sustainable or not. Here it is pertinent to take note of the relevant provisions of the Notification No.27/2012 for alleged violation of which the refund claims have been rejected. 2(g) the amount of refund claimed shall not be more than the amount lying in balance at the end of quarter for which refund claim is being made or at the time of filing of the refund claim, whichever is less. 2(h) the amount that is claimed as refund under rule 5 of the said rules shall be debited by the claimant from his CENVAT credit account at the time of making the claim. 6.2. Further I find that there is no dispute with regard to the export of service and the receipt of foreign exchange. The only g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecause in those cases, clearly it was held that the assessee did not debit the cenvat credit account before filing the refund claim which is a mandatory condition as per the notification. In view of my discussion above, I set aside the impugned order by allowing the appeals of the appellant. 7. As far as appellant's claim for interest on delayed refund is concerned, the issue has been settled by various decisions cited supra. Hence by following the ratio of the above said decisions, mainly Ranbaxy Laboratories Ltd., wherein the Hon'ble Supreme Court has held that interest on delayed refund is payable under Section 11BB of Central Excise Act, 1944 on the expiry of period of three months from the date of receipt of application under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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