TaxTMI 
TaxTMI 
2018 (5) TMI 319
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....the appellant. 3. Shri M. Suresh Ld. Deputy Commissioner (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. He further submits that the appellant is a 100% EOU, therefore the refund in case of EOU is required to be filed on monthly basis. Therefore the refund filed within 1 year from the quarter ending is time barred. 4. We have carefully considered the submissions made by the Ld. AR and perused the records. We find that in the facts of the present case the refund was filed on quarterly basis within 1 year from the end of the quarter. As regard the requirement of filing claim on monthly basis for an EOU, on perusal of the notification as per para 2 the refund should be filed on quarterly basis. Howeve....
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.... as far as export of goods is concerned. However as far as export of services is concerned, the various sub-sections specifying relevant date under Section 11B do not cover the case of export of services. Further the exporters of services have been given the option to file claims for such refunds once in a quarter and in respect of 100% EOUs, once in a month. The issue referred to Larger Bench is whether the time limit prescribed under Section 11B in respect of filing of refund claims is to be applied from the date of receipt of payment for export of services or can be considered from the end of the quarter in which such payments have been received. 10. After considering the provisions of the Notifications issued under Rule 5 of the CCR,....
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....e restricted to the date of FIRC or can be considered from the end of the quarter. The Tribunal in the case of Sitel India Ltd. (supra) has observed that the relevant date can be taken as the end of the quarter in which FIRC is received since the refund claim is filed for the quarter. 13. Revenue has expressed the view that relevant date in the case of export of services may be adopted on the same lines as the amendment carried out in the Notification No.27/2012, w.e.f. 01/03/2016. Essentially after this amendment the relevant date is to be considered as the date of receipt of foreign exchange. While this proposition appears attractive, we are also persuaded to keep in view the observations of the Hon'ble Supreme Court in the case of....