TMI Blog2018 (8) TMI 620X X X X Extracts X X X X X X X X Extracts X X X X ..... services and output service provided by the appellant, the matter should go back to the original authority for consideration of the provisions of the amended Rule 5 read with TRU letter dated 16.03.2012 and thereafter, to determine whether the appellant is eligible for the benefit of refund as per the prescribed formula - appeal allowed by way of remand. - Appeal No. ST/85784 & 85787/2018 - A/86 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ords. 4. Rule 5 of the Cenvat Credit Rules, 2004 was substituted by Notification No. 15/2012 dated 17.03.2012, with effect from 01.04.2012. The effect of such substitution was that the formula was prescribed under the amended rules, which the manufacturer or the service provider should follow for claiming the refund benefit. Consequent upon amendment of Rule 5 ibid, the Tax Research Unit (TRU) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ratio of the export turnover to total turnover. 5. On perusal of the statutory provisions read with the clarification furnished by TRU, it transpire that for consideration of the refund application, it has to be only ensured that the refund claim is in consonance with the prescribed formula. Since there is no specific requirement under the Rule for establishing the nexus between input ser ..... X X X X Extracts X X X X X X X X Extracts X X X X
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