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TMI Blog2020 (2) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... xport of services during the quarter. The rival contentions centered around the total turnover. In the review order, it was opined to be the total of the receipts and not related to the exports made while, according to the respondent, the total turnover, in the absence of any other activity, is the same as the computed receipts for the quarter. On perusal of definition of total turnover, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hikari, Advocate for the respondent ORDER This appeal of Revenue challenges order-in-appeal no. PUNEXCUS-001-APP-113-14-15 dated 26th November 2014 of Commissioner (Appeals), Central Excise, Pune I for having allowed refund of ₹ 26,40,073/-, which had been rejected by the original authority in considering a claim for refund of ₹ 85,38,239/- under rule 5 of CENVAT Credit Rules, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ues to be emplaced in the formula prescribed in rule 5 of CENVAT Credit Rules, 2004 which was devised to allow refund of credit accumulated during the period in proportion of receipts attributable to exports of the quarter bore to the total turnover. In the definitions therein, only the receipts from export turnover of services requires determination by computation and total turnover is sum of suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minator. With the numerator and denominator being identical, the eligible accumulated credit would have to be sanctioned in entirety. Once eligibility is articulated in the Rules as a formula, an interpretation of the formula is beyond the authority of law. The first appellate authority cannot, therefore, be faulted for allowing the rejected portion of the claim. 6. For the above reason, we fin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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