2020 (2) TMI 756

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..... resentative) for the appellant Shri H.G. Dharmadhikari, Advocate for the respondent ORDER This appeal of Revenue challenges order-in-appeal no. PUNEXCUS-001-APP-113-14-15 dated 26th November 2014 of Commissioner (Appeals), Central Excise, Pune I for having allowed refund of Rs. 26,40,073/-, which had been rejected by the original authority in considering a claim for refund of Rs. 85,38,239/- un .....

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..... ted to the values to be emplaced in the formula prescribed in rule 5 of CENVAT Credit Rules, 2004 which was devised to allow refund of credit accumulated during the period in proportion of receipts attributable to exports of the quarter bore to the total turnover. In the definitions therein, only the receipts from export turnover of services requires determination by computation and total turnover .....

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..... 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. The first appellate authority cannot, therefore, be faulted for allowing the rejected portion of the claim. 6. For the above reas .....

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