
Rule 5 Cenvat Credit Rules, 2004 | Limitation for Refund of Unutilized Credit on Export of Services Begins at End of Quarter Upon FIRC Receipt : CESTAT Chennai
CESTAT Chennai rules that for refund claims under Rule 5 of the Cenvat Credit Rules, the one-year limitation period under Section 11B of the Central Excise Act starts from the end of the quarter in which the Foreign Inward Remittance Certificate is received, not the invoice date. This clarifies a critical timing ambiguity for exporters and service providers claiming Cenvat credit refunds, ensuring compliance aligns with actual receipt of foreign payment.
