TMI Blog2020 (4) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... ms of CENVAT Credit Rules 2004 but also in terms of the provisions of CGST Act 2017. At this stage, there are no inconsistency in the order of the first appellate authority inasmuch as he has followed the law as it applied during the relevant period - Also, the appellant has so far not been put to any disadvantage because the show cause notice proposing recovery of excess refund is yet to be adjud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d is available as per the formula the export turnover of goods and export turnover of services divided by the total turnover and multiplied by net CENVAT Credit taken . The original authority i.e. the Asst. Commissioner while sanctioning the refund had erroneously also taken into account the sales to 100% EOUs while calculating the amount of refund. He passed the Order-in-Original against which t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18th June 2012. In terms of para 2(h) the amount that is claimed as refund under rule 5 of the said rules shall be debited by the claimant from his CENVAT Credit account at the time of making the claim. In terms of para 2 (i) in case the amount of refund sanctioned is less than the amount of refund claimed, then the claimant may take back the credit of the difference between the amount claimed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ditional amount of CENVAT Credit got accrued to them and the same must be sanctioned to them in cash as they are not able to utilise the same or even take credit of the same as input tax credit under CGST Act. 5. On a specific query from the Bench as to whether any notice has been issued for recovery of the erroneously sanctioned refund, she fairly submits that a show cause notice has been issu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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