9911796707
TMI Blog2016 (7) TMI 1175X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 undisputedly entire services of the appellant are exported, in such case entire Cenvat credit availed by the appellant has to be refunded to them. It is also pertinent that undisputedly entire services of the appellant are exported, in such case entire Cenvat credit availed by the appellant has to be refunded to them. In my view the formula provided in the notification for calculation of refun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailed 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 ₹ 25,59,408/- pertaining to the period of claim i.e. April- June, 2012 is only admissible therefore the same was sanctioned. Cenvat credit amounting to ₹ 26,560/- was held inadmissible for reason that the same is for hall charges, food charges, parking services which is in the name of Neha Sarpotdar therefore it is not input service hence the same was reduced while sanctioning refund claim. Thus Adjudicating authority have not sanctioned the refund of ₹ 6,12,463/- and ₹ 26,560/-. Aggrieved by the Order-in-Original appellant filed appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laim 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 formula will be effectively applicable only in a case when the appellant is engaged in the sale of services for exports as well as DTA. Since in the present case, 100% services are exported therefore total turnover and exports turnover will come to the same amount and accordingly entire Cenvat credit availed by the appellant irrespective of any period shall become refundable, for this reason also refund of ₹ 6,12,463/- could not have been rejected. Shri. Khare placed reliance on the judgment of this Tribunal in case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 undisputedly entire services of the appellant are exported, in such case entire Cenvat credit availed by the appellant has to be refunded to them. In my view the formula provided in the notification for calculation of refund amount is workable only in a situation when the assessee is engaged in the provisions of services which are exported as well as provided in the domestic market. For this reason also the appellant being 100% exporter of services is entitle for the refund of brought forward amount of S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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