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TMI Blog2018 (1) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... der Rule 5(1)(E) of CENVAT Credit Rules, 2004 read with N/N. 27/2012-CE NT dt. 18/06/2012. In view of the wrong application of the formula, the refund has been rejected. Matter remanded to to the original authority to recompute the TTO and then decide the refund claim of the appellant - appeal allowed by way of remand. - ST/20265/2017-SM - 22922/2017 - Dated:- 23-11-2017 - Shri S.S Garg, Judicial Member Shri GS BHAT, Chartered Accountant, For the Appellant Shri Naveen Kushalappa, Dy. Commissioner(AR), For the Respondent ORDER Per: S.S GARG The present appeal is directed against the impugned order dt. 07/12/2016 passed by the Commissioner(Appeals) whereby the Commissioner(Appeals) has upheld the finding of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant is exporting the Information Technology Software Services and had paid service tax on certain input services for providing taxable output service which has been exported and the entire remittances have been received in foreign convertible exchange. He further submitted that the finding of the Assistant Commissioner whether he has taken the ETO as ₹ 36,53,44,212/- by excluding reimbursement of expenses and other charges which are not towards the services exported and the TTO as ₹ 56,72,99,787/-. The learned consultant agreed that reimbursement of expenses and other charges has to be excluded but his objection was with regard to computation of TTO. He further submitted that the respondent has not applied the same principle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and (c) All inputs removed as such under sub-rule (5) of Rule 3 against an invoice, during the period for which the claim is filed. Since the appellant had no other services apart from export services during the refund claim period, the export turnover of services determined in terms of clause (D) of sub-rule (1) shall be the total turnover. 7. Further I find that the appellant during the relevant period has only ETO, therefore, reimbursement of expenses has to be excluded from the ETO as well as TTO and only then it will give the fair results. Therefore I find that both the authorities had wrongly applied the formula as prescribed under Rule 5(1)(E) of CENVAT Credit Rules, 2004 read with Notification No.27/2012-CE NT dt. 18/06/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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