Raj HC: Convicted Minor Gang Rapist Not Fully Barred From Open-Air Camps; Rules Allow Exceptions  ||  Calcutta High Court: Serving a Show-Cause Notice Via Email is Valid under PMLA Regulations  ||  Del HC: Candidate’s Independent Medical Opinions Don’t Justify Fresh Medical Exam in SSC Recruitment  ||  Calcutta HC: Magistrate Must Assess Grounds, Cannot Order Police Inquiry under Section 175(3) BNSS  ||  SC Grants Law Officer Exam Relief, Saying Students Can’t be Blamed When Judges Differ in Views  ||  SC: Fraudulent Diversion of Company Funds Cannot be Validated by Later Shareholder Ratification  ||  SC: Doctor’s View on a Victim’s Consciousness Prevails over Police Assessment in Dying Declarations  ||  SC: Examining Contradictions and Witness Credibility Exceeds the Scope of Section 319 CrPC  ||  Supreme Court Struck Down Section 60(4), Removing Limits on Maternity Benefits For Adoptive Mothers  ||  Supreme Court: Air Force Group Insurance Society qualifies as ‘State’ under Article 12    

Jethabhai Kamabhai Prajapati vs. Commissioner of Central Excise, Customs and Service Tax -I - (Customs, Excise and Service Tax Appellate Tribunal) (22 Aug 2022)

Refund claimed after one year is time barred in terms of provisions of Section 11B of Central Excise Act

MANU/CS/0205/2022

Service Tax

In facts of present case, the refund is filed for the excess payment of the Service Tax after period of 1 year. The refund was rejected on the ground of time barred, Hence, present appeal. Issue raised in present case is whether Appellant is entitled to refund in view of limitation period prescribed.

There is no dispute in the fact that the appellant initially paid the Service Tax and the same was declared in the ST-3 returns and subsequently they found that an amount of Rs. 6,25,267 was paid in excess for which they filed the refund.

Admittedly, the refund claim was filed after 1 year. Since the refund claim is governed by the Section 11B of Central Excise Act, 1944 wherein there is a mandatory provision of limitation of 1 year from the date of payment. However, the Appellant have filed the refund claim after 1 year, therefore the refund is clearly time barred in terms of Section 11B of Act. The learned Commissioner (Appeals) also decided the matter by invoking the Section 11B of Act. There is no infirmity in the impugned order. Hence the same is upheld. Accordingly, the appeal is dismissed.

Tags : REFUND   PROVISION   TIME BARRED  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved