Refund limitation for reversed Cenvat credit runs from the refund-direction communication, not from the initial protest reversal.

Refund limitation was assessed from the later departmental communication directing the assessee to file a refund claim, not from the earlier reversal of excess Cenvat credit made under protest pursuant to a Superintendent's direction. The initial instruction contemplated later credit on verification and by a speaking order, so the assessee's compliance did not bar recovery of the excess amount. On that basis, the refund claim was treated as timely and the limitation objection was rejected.

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Issues: Whether the refund claim was barred by limitation when the assessee had reversed excess Cenvat credit pursuant to a direction of the Superintendent of Central Excise.

Analysis: The direction issued by the Superintendent required reversal of excess amount on average basis and indicated that excess payment could later be credited on verification and by a suitable speaking order. The assessee reversed the amount under protest and, after re-verification, sought recredit of the excess amount. The later communication directing the assessee to file a refund claim was treated as the relevant point from which the claim had to be considered. The earlier departmental direction and the assessee's compliance could not be used to defeat the refund on limitation.

Conclusion: The refund claim was held to be within time and the limitation objection was rejected in favour of the assessee.

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