TMI Blog2015 (11) TMI 1185X X X X Extracts X X X X X X X X Extracts X X X X ..... clause (B) of Sub rule (1) as to be considered. If the export turnover in terms of clause (D) is taken then the amount comes to ₹ 11,39,06,643/-and value of other services i.e. ₹ 21,90,170/- is added then total turnover comes to ₹ 11,60,96,813/- which in my considered view was taken correctly by Ld. Commissioner(Appeals), therefore calculation as per the formula which resulted into further refund of ₹ 6,44,714/- is correct and in terms of provision of Rule 5 of Cenvat Credit Rules, 2000. In view of unambiguous findings of Ld. Commissioner(Appeals) and on my above discussion, I am of the considered view that the order passed by the Ld. Commissioner(Appeals) is just, proper and legal which does not require any interfer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant reiterates the ground of appeal. He further submits that the Ld. Commissioner (Appeals) has wrongly deducted the value of refund claim which is hit by limitation of one year from the total turnover which resulted additional refund claim. He submits that this is not correct as per the definition of total turnover provided under clause (E) under Notification No. 27/12-CE(NT) dated 18/6/2012. 3. None appeared on behalf of the respondent nor any communication is found on record. Therefore I proceed to decide appeal on merit. 4. I have carefully considered the submission made by Ld. A.R. and perused the record. 5. On-going through the impugned order, I find that the Ld. Commissioner(Appeals) has deducted value of refund claim w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Accordingly, the Total Turnover comes to ₹ 11,60,96,813/- (Rs.11,39,06,643/- + ₹ 21,90,170/-), i.e. Export turnover of services plus value of all other services. Net CENVAT Credit = ₹ 34,53,004/- (Rs.34,63,187 - ₹ 15,183) Refund amount = Export turnover of Services X Net Cenvat Credit Refund amount = 11,39,06,643 X 34,53,004 = 33,87,863/- Total Turnover = 11,60,96,813 As refund of ₹ 27,43,149/- has already been sanctioned vide the impugned Order-In-Original, further refund of ₹ 6,44,714/- (Rs.33,87,863/- minus ₹ 27,43,149/-) is admissible to the Appellant. From the above findings it is observed that while taking total turnover the Ld. Commissioner has considered &# ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
