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    <title>2021 (10) TMI 533 - CESTAT BANGALORE</title>
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    <description>Refund under Rule 5 of the CENVAT Credit Rules, 2004 turned on whether the claimant had complied with the notification condition requiring debit of the refund amount from the CENVAT credit account, and whether the claim was filed within limitation. The limitation analysis applied the principle that the one-year period under Section 11B of the Central Excise Act, 1944 runs from the last date of the last month of the quarter. The record did not establish whether the reversal was reflected in the subsequent ST-3 returns, and that aspect had not been examined by the adjudicating authority. The matter was remanded for verification of the ST-3 returns and, if reversal was shown, for processing the refund in accordance with law.</description>
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      <link>https://www.taxtmi.com/caselaws?id=413481</link>
      <description>Refund under Rule 5 of the CENVAT Credit Rules, 2004 turned on whether the claimant had complied with the notification condition requiring debit of the refund amount from the CENVAT credit account, and whether the claim was filed within limitation. The limitation analysis applied the principle that the one-year period under Section 11B of the Central Excise Act, 1944 runs from the last date of the last month of the quarter. The record did not establish whether the reversal was reflected in the subsequent ST-3 returns, and that aspect had not been examined by the adjudicating authority. The matter was remanded for verification of the ST-3 returns and, if reversal was shown, for processing the refund in accordance with law.</description>
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