Excise Refund due date

[Asked by Guest]

Dear Expert,

I am filling refund under Rule 5 for excise

Period Oct 14 to Dec 14.

First Export date is 15-Nov-14 then what is my last date for filling refund claim ?

its it 30th Sept 15 or 15 Nov 15 ?

[YAGAY and SUN]

Dear Amit,

There are judgments which enumerates that under Rule 5 export completes when foreign remittance is received and limitation of one year starts from that particular date.

Regards,

YAGAY and SUN

(Management, Business and Indirect Tax Consultants)

AI Summary

Excise refund limitation: the filing period begins on receipt of foreign remittance, determining the one year claim window.
Under Rule 5 the limitation period for an excise refund claim begins when foreign remittance is received, because export is treated as complete only upon receipt of that remittance; therefore the one-year filing window for a refund runs from the remittance date rather than the physical export date.