9911796707
TMI Blog2016 (7) TMI 1175X X X X Extracts X X X X X X X X Extracts X X X X ..... is engaged in providing "Information Technology Software Services". They had filed refund claim for Rs. 31,71,969/- on the ground that during the period April-June,2012 they had exported taxable output services valued of Rs. 17,96,69,852/- without payment of Service tax, hence they filed refund claim of accumulated Cenvat Credit under Rule 5 of Cenvat Credit Rules, 2004. On scrutiny of refund it was found that appellant had availed Cenvat credit of Rs. 25,59,408/- during the period from April- June, 2012. However Cenvat credit of Rs. 6,12,463/- was availed in the month of February, 2012, which they had not claimed in their refund claim pertains to quarter ending March, 2012. The sanctioning authority held that the Cenvat credit of Rs. 25,5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... April, 2012. The total accumulated credit during the April-June, 2012 has to be considered as net Cenvat credit availed in the said quarter. Accordingly refund claim of total accumulated credit in quarter April-June, 2012 is admissible against exports of Services made during the said period. He submits that refund of this amount was only filed once for the quarter April-June,2012 and no refund claim was filed for the same amount in January to March, 2012 therefore it is wrong to say that appellant has filed second refund claim for same quarter. He further submits that in the appellant's case 100% output service is exported therefore entire Cenvat credit availed by them irrespective of the period is otherwise refundable. The period and f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... second refund claim for the quarter January to March, 2012. The Cenvat credit of Rs. 6,12,463/- they availed in the April, 2012 but same was carried forward in April, 2012. It was held in the case of WNC Global Ltd(supra) that for the purpose refund, Cenvat credit of any particular quarter will include the amount of brought forward credit as well from the earlier quarter therefore following the ratio of the said decision, even though credit was availed in February 2012 the same was lying in the balance as on 31 March, 2012, the same was carried forward to April, 2012 and therefore opening balance of April, 2012 will also be included for the purpose of taking the net Cenvat credit in the quarter April-June, 2012. It is also pertinent that un ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
