9911796707
TMI Blog2022 (9) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant Sh. Mahesh Bhardwaj, Authorised Representative for the respondent ORDER Heard the parties. 2. The issue involved in this appeal is whether the Court below have rightly included the amount of 'export turnover' for the calculation refund claim, for which payment has not been received during the relevant period. 3. The brief facts of the case are that the appellant is a service provider r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Commissioner (Appeals) who vide the impugned order was pleased to uphold the rejection in part of refund claim, upholding the order-in-original. Being aggrieved, the appellant is before this Tribunal. 5. Learned Counsel appearing for the appellant urges that the amount of refund in terms of Rule 5 of Cenvat Credit Rules has to be allowed as per the formula: Refund amount= (Export tu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the claim is filed. 6. The only dispute in this appeal is an error in the calculation of the amount of total turnover by the A.O. According to the appellant, the total turnover has been calculated as follows:- Particulars Amount (INR) Export turnover (as defined above) 17,60,67,491/- Domestic turnover as disclosed in relevant service tax return. 5,11,21,947/- Total turnover 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that the amount of refund has to be calculated as per the formula as follows:- 17,60,67,491/- x 2,43,34,808 = Rs. 1,88,75,512/-, 22,71,89,438/- which is limited to Rs.1,84,51,600/-, as per the Notification No.27/2012-CE(NT), which provides that the amount claimed as refund shall be less of the following minimum amount:- (i) Amount as per the formula. (ii) Balance of cenvat c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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