Quarterly refund limitation under Notification No. 41/2012-ST runs after the quarter ends, making the claim timely.

Refund claims under Notification No. 41/2012-ST were required to be filed quarter-wise, so limitation could not be computed from each individual LEO date within the quarter. The notification was construed harmoniously with earlier refund notifications to mean that only one claim could be made for each quarter, making multiple filings during the same period impermissible. On that construction, the relevant limitation period began after the quarter ended. The claim filed on 27.12.2016 was therefore within time, and rejection of the refund on the ground of delay was unsustainable.

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Issues: Whether the refund claim under Notification No. 41/2012-ST was filed within the prescribed limitation period, having regard to the requirement that refund claims be filed quarterly and the meaning of the relevant date of export.

Analysis: The refund scheme contemplated filing only one claim for each quarter. Reading Notification No. 41/2012-ST harmoniously with the earlier notifications dealing with similar refund claims, the limitation could not be computed from each individual LEO date within the quarter, because the assessee was not permitted to file multiple claims during the same quarter. The proper construction was that the limitation period would run from the first day after the quarter ended, so the claim filed on 27.12.2016 was within time.

Conclusion: The refund claim was held to be within limitation and the rejection on the ground of delay was unsustainable.

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