2020 (5) TMI 449

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....dated 27.12.2017. 2. Heard both sides and perused the records. 3. The Respondent is registered with the Central Excise Department and is engaged in export of services. They have also availed CENVAT Credit as per CENVAT Credit Rules, 2004. Rule 5 of these Rules permits a manufacturer who exports his goods or a service provider who exports services to claim refund of the CENVAT Credit which was used in exported goods or exported services, subject to the procedure, conditions and limitations notified by the Board. These procedure and conditions were prescribed as Notification No. 27/2012-CE (NT), dated 18.06.2012. Among the conditions in this Notification is para 3 (b) which stipulates "the application in the Form A along with the docume....

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....isation of the foreign exchange. The reason for this is the export of services is not complete until the foreign exchange is realised as per Rule 3(2)(b) of "Export of Services Rules, 2005". Therefore, unless the foreign exchange is realised, the export is not complete and therefore the relevant date must be the date of realisation of foreign exchange. 6. Subsequently, Notification No. 14/2016-CE(NT), dated 01.03.2016 was issued by CBEC specifying the same condition, as a modification to the original Notification No. 27/2012-CE(NT), dt. 18.06.2012. This Notification reads as follows: "In exercise of the powers conferred by rule 5 of the CENVAT Credit Rules, 2004, the Central Board of Excise and Customs hereby makes the following....

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....oreign exchange. Accordingly, the claims were not time barred in this case and he allowed the appeal. 8. The present appeal is filed by the Revenue on the ground that since the exports pertain to prior to the issue of Notification No. 14/2016-CE(NT), Dt. 01.03.2016, specifying the date of realisation of foreign exchange as the relevant date, it falls under the residuary category in Section 11B "in any other case, the date of payment of duty". Since Export of Services are exempt, the date of invoice must be considered as the relevant date. According to the Revenue, the first appellate authority has erred in holding that the date of realisation of foreign exchange is that relevant date. 9. Ld. DR reiterated the above submissions. Ld. Co....