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    <title>2010 (7) TMI 613 - CESTAT, AHMEDABAD</title>
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    <description>Refund claims for service tax are subject to the one-year limitation under Section 11B of the Central Excise Act, 1944, as applied by Section 83 of the Finance Act, 1994. Where a turnover-based arrangement is involved, delay is not cured by the argument that the refund could arise only after the turnover period ended; provisional assessment is the proper course. The assessee also had to produce month-wise details to identify any separable portion of the claim within time. The refund claim was therefore treated as time-barred, and no part of the claim was accepted as being within limitation.</description>
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    <pubDate>Thu, 29 Jul 2010 00:00:00 +0530</pubDate>
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      <title>2010 (7) TMI 613 - CESTAT, AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=204635</link>
      <description>Refund claims for service tax are subject to the one-year limitation under Section 11B of the Central Excise Act, 1944, as applied by Section 83 of the Finance Act, 1994. Where a turnover-based arrangement is involved, delay is not cured by the argument that the refund could arise only after the turnover period ended; provisional assessment is the proper course. The assessee also had to produce month-wise details to identify any separable portion of the claim within time. The refund claim was therefore treated as time-barred, and no part of the claim was accepted as being within limitation.</description>
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      <pubDate>Thu, 29 Jul 2010 00:00:00 +0530</pubDate>
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