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2022 (9) TMI 127 - AT - Service TaxRefund of unutilised credit in relation to CENVAT credit - inclusion of amount of export turnover for the calculation refund claim, for which payment has not been received during the relevant period - July, 2014 to September, 2014 - Rule 5 of Cenvat Credit Rules read with Notification No. 27/2012-CE(NT) - HELD THAT:- There is no dispute with regard to export turnover, which is Rs.17,60,67,491/-. Further, there is no dispute with regard to the eligible /net cenvat credit, which is Rs. 2,43,54,808/-. As regards the denominator, it is held that the correct figure is Rs. 22,71,89,438/-. The Adjudicating Authority to recalculate the amount of refund as discussed and directed and allow the balance amount of refund with interest to the appellant within a period of sixty days from the receipt of copy of this order - the appellant is directed to file a calculation sheet as per the order of the Tribunal, before the Adjudicating Authority for perusal. The appeal is allowed.
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