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    <title>2018 (6) TMI 340 - CESTAT NEW DELHI</title>
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    <description>Refund of unutilized Cenvat credit under Rule 5 remained subject to the one-year limitation under Section 11B of the Central Excise Act, so the claim was time-barred only for the invoice dated 31.10.2015 and otherwise within time. For export of services, receipt of consideration in Indian rupees through a foreign bank, supported by FIRC, was treated as receipt in convertible foreign exchange. On that basis, refund eligibility could not be denied on the ground that the remittance was not in foreign currency. The refund was therefore upheld except for the time-barred invoice.</description>
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      <link>https://www.taxtmi.com/caselaws?id=361513</link>
      <description>Refund of unutilized Cenvat credit under Rule 5 remained subject to the one-year limitation under Section 11B of the Central Excise Act, so the claim was time-barred only for the invoice dated 31.10.2015 and otherwise within time. For export of services, receipt of consideration in Indian rupees through a foreign bank, supported by FIRC, was treated as receipt in convertible foreign exchange. On that basis, refund eligibility could not be denied on the ground that the remittance was not in foreign currency. The refund was therefore upheld except for the time-barred invoice.</description>
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