Refund limitation under Rule 5 runs from quarter-end of FIRC receipt, keeping timely claims within statutory time.

For refund claims under Rule 5 read with Notification No. 27/2012-CE(NT), limitation is computed from the end of the quarter in which the FIRC is received, not from the invoice date or the FIRC date itself. Applying the Larger Bench ruling, the Tribunal treated the issue as no longer res integra and held that claims filed within one year from that quarter-end satisfied Section 11B of the Central Excise Act, 1944. On that basis, the refund claims were within limitation and rejection of refund was not sustainable; the revenue appeals were rejected.

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Issues: Whether, for refund claims under Rule 5 read with Notification No. 27/2012-CE(NT) dated 18.6.2012, the relevant date is the date of invoice, the date of FIRC, or the end of the quarter in which the FIRC is received.

Analysis: The Tribunal followed the Larger Bench ruling that, for refund under Rule 5 and the notification issued thereunder, the relevant date is the end of the quarter in which the FIRCs are received. On the facts, the refund claims were filed within one year from the end of each respective quarter, and therefore satisfied the limitation prescribed under Section 11B of the Central Excise Act, 1944. The issue was treated as no longer res integra in view of the Larger Bench decision.

Conclusion: The refund claims were held to be within limitation and the rejection of refund was not sustainable.

Final Conclusion: The impugned order was sustained and the revenue appeals were rejected.

Ratio Decidendi: For refund claims under Rule 5 read with the specified notification, limitation is to be computed from the end of the quarter in which the FIRC is received, and claims filed within one year from that date are within time under Section 11B of the Central Excise Act, 1944.

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