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TMI Blog2019 (11) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Briefly stated the facts of the case are that the Appellant has filed 13 refund applications under Rule 5 of CENVAT Credit Rules, 2004 between the period January 2013 to March 2017, claiming refund of un-utilised CENVAT Credit of input and input services used in export of the goods. The total amount of claim had been reduced by applying the formula prescribed under Rule 5 of CENVAT Credit Rules, 2004; also the cash refund claims relating to the 'segments and castings' were rejected on the ground that the same were capital goods, hence not covered under Rule 5 of CENVAT Credit Rules, 2004. Aggrieved by the said order, they filed appeals before the learned Commissioner (Appeals), who in turn, rejected their appeals. Hence the present app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Tri-Mumbai), Musigma Business Solutions Pvt. Ltd. - 2018 (11) GSTL 385 (Tri-Bang). 5. On the issue of denial of credit on 'segments and castings', the learned Chartered Accountant has submitted that the Segments are used in the process of grinding of pulp; the said segments lasts only for 150 to 160 MTs of the raw material and get exhausted. Therefore, the product even if classified by the supplier under Chapter 84 as 'capital goods', the same should be considered as an input and cash refund of the accumulated CENVAT Credit against the said segments and castings be allowed to them. Alternatively, in the event the said segments and castings are considered as capital goods, the Appellant be allowed to take re-credit of the CENVAT Jolly Bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the Appellant that since different values were applied in the numerator and the denominator of the said formula, it has resulted into reduction of refund claim to Rs. 10,36,719/-. On the said issue, this Tribunal for the earlier period, held that the formula adopted by the Revenue is incorrect having two values in the numerator and the denominator. Pursuant to the said remand order, the Adjudicating authority has adopted the FOB value in the numerator as well as in the denominator. Therefore, the present appeals are also remanded to the Adjudicating authority to calculate the refund claim by adopting the uniform value in the numerator as well as the denominator of the formula prescribed under Rule 5 of CENVAT Credit Rules, 2004. As far ..... X X X X Extracts X X X X X X X X Extracts X X X X
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