2022 (8) TMI 611

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....st unutilised CENVAT Credits accumulated on account of export of services on the sole grounds of expiry of the period of limitation of one year, counted from the date of realisation of export proceeds, is assailed in these four appeals. 2. I have heard submissions from the both sides and perused the case record. During the course of argument learned Counsel for the Appellant Shri Keval Shah argued that Larger Bench of this Tribunal in Commissioner of Service Tax, Bengaluru Vs. Span Infotech (India) Pvt. Ltd. Reported in 2018 (12) GSTL 200 (Tri.- LB) had clearly held that the period of limitation of one year would start only after the commencement of the quarter and continue till the end of the quarter and not from the date of receipt of FI....

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....that in the case of Atma Steels Pvt. Ltd. & others reported in RLT (LB CEGAT)-87, a 5 Members Bench of this Tribunal had made an observation as to why National Tribunal of this nature should take independent decision and follow it as judicial precedent in the event of divergent opinions are made by different High Court. Learned Commissioner (Appeals) had also ignored the fact that the judgment of Hundai Motor India Engg. (P) Ltd. (supra) was also referred in Span Infotech (India) Pvt. Ltd. order of the Larger Bench. Be that as it may, in Span Infotech (India) Pvt. Ltd. (supra) the amended clause B of para 3 of Notification No. 27/2012-CE (NT) was also dealt with and a finding was made to the effect that such an amendment can have prospectiv....