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2020 (2) TMI 756 - AT - Service TaxRefund of accumulated credit - proportionate credit of receipts attributable to exports of the quarter bore to the total turnover - rule 5 of CENVAT Credit Rules, 2004 - HELD THAT:- There is no dispute on the receipts from export of services during the quarter. The rival contentions centered around the total turnover. In the review order, it was opined to be the total of the receipts and not related to the exports made while, according to the respondent, the total turnover, in the absence of any other activity, is the same as the computed receipts for the quarter. On perusal of definition of total turnover, it is receipts in relation to the export of services during the quarter added to consideration for any other services rendered. In the context of the sole activity of respondent, the receipts attributable to exports of the quarter with ‘nil’ addition would be the denominator. With the numerator and denominator being identical, the eligible accumulated credit would have to be sanctioned in entirety. Once eligibility is articulated in the Rules as a formula, an interpretation of the formula is beyond the authority of law. Appeal dismissed - decided against Revenue.
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