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2020 (3) TMI 1309 - AT - Service TaxCalculation of refund amount - Correctness of formulae applied in calculation of the amount - total turnover considered for calculating the refund amount as per Rule 5 of the Credit Rules whereas part of it was received in next quarter - HELD THAT - The total turnover as defined shall be export turnover of services or Rs. 6, 40, 71, 967/- (plus) the value of all other services during the relevant period or nil (actual figure). Thus the refundable amount shall be Rs. 6, 40, 71, 967x 70, 80, 518/6, 40, 71, 967 Refund amount Rs. 70, 80, 518/-. It is found that the Court has misconceived the formula by taking billing amount of export of services as the amount of total turnover or gross turnover for calculation of refund. Evidently the formula given is for calculation of proportionate refund where an assessee has got export turnover in part and domestic turnover in part which is not the fact in the present case. As the appellant is exporting 100% of their services accordingly I hold that the appellant is entitled to refund of Rs. 70, 80, 518/- whereas refund of Rs. 52, 79, 93/- is allowed and disbursed. I direct the Adjudicating Authority to grant the balance refund amount of Rs. 18, 00, 579/- within 30 days of receipt of copy of this order along with interest as per Rules.
Issues:
Calculation of refund amount under Rule 5 of Cenvat Credit Rules, 2004. Analysis: The dispute in this appeal revolves around the correct application of the formula for calculating the refund amount under Rule 5 of the Cenvat Credit Rules, 2004. The appellant, a 100% exporter of services, claimed a refund amount of &8377; 70,82,462/- for the period October 2016 to December 2016. However, the lower authorities truncated the refund claim and sanctioned only &8377; 52,79,939/-. The main contention was regarding the interpretation of the formula provided under Rule 5 for the calculation of the refund amount. The appellant's advocate argued that the services rendered by the appellant qualified as export of services under Rule 6 A of the Service Tax Rules, 1994. The Adjudicating Authority found the refund claim admissible in principle but made an error in calculating the total turnover. The formula for the refund amount calculation is defined as Refund Amount = (Export Turnover of goods + Export Turnover of Services) X Net Cenvat Credit / Total turnover. The definitions of 'Export Turnover of Services' and 'Total Turnover' were crucial in determining the correct refund amount. The Order-in-Original rejected a portion of the claimed amount based on the timing of payments received in convertible foreign exchange for the exported services. The Adjudicating Authority considered only a portion of the total export turnover as the Export Turnover, leading to a reduction in the refund amount. The subsequent Order-in-Appeal upheld the original decision, prompting the appellant to file an appeal before the Tribunal. Upon review, the Tribunal found that the lower authorities had misconceived the formula by incorrectly treating the billing amount of export services as the total turnover for the refund calculation. The Tribunal clarified that the formula was intended for cases where an assessee has both export and domestic turnover, which was not applicable in this scenario as the appellant exported 100% of their services. Consequently, the Tribunal allowed the appeal, directing the Adjudicating Authority to grant the balance refund amount of &8377; 18,00,579/- along with interest within 30 days. The appellant was deemed entitled to a refund of &8377; 70,80,518/-, and the appeal was allowed with consequential benefits.
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