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Issues: Whether the refund claim under Notification No. 41/2007-ST was barred for non-compliance with the stipulated time limit and whether the statutory refund period under section 11B of the Central Excise Act, 1944 could override the conditions of the notification.
Analysis: The refund was claimed as part of the exemption mechanism under Notification No. 41/2007-ST, as amended, and not as a normal refund. The notification required filing of the refund claim on a quarterly basis within 60 days from the end of the relevant quarter. Exemption under a notification is available only on fulfillment of all prescribed conditions, and failure to satisfy any such condition disentitles the claimant from the benefit. Since the claim was not filed within the period required by the notification, the benefit could not be granted. The reliance on section 11B of the Central Excise Act, 1944 was held to be inapplicable in the context of the notification-based exemption.
Conclusion: The refund claim was rightly rejected as time barred and the appellant was not entitled to the benefit of Notification No. 41/2007-ST.