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TMI Blog2022 (9) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 22,71,89,438/-. The Adjudicating Authority to recalculate the amount of refund as discussed and directed and allow the balance amount of refund with interest to the appellant within a period of sixty days from the receipt of copy of this order - the appellant is directed to file a calculation sheet as per the order of the Tribunal, before the Adjudicating Authority for perusal. The appeal is allowed. - Service Tax Appeal No. 50841 of 2019-SM - FINAL ORDER NO. 50623/2022 - Dated:- 11-7-2022 - Mr. Anil Choudhary, Member (Judicial) Sh. Pankaj Goel, C. A. for the appellant Sh. Mahesh Bhardwaj, Authorised Representative for the respondent ORDER Heard the parties. 2. The issue involved in this appeal is whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vices) x Net Cenvat credit / Total turnover i) Further, export of services has been defined as Payment received during the relevant period for export of services + export services whose provision has been completed for which payment had been received in advance in any period prior to the relevant period. ii) Total turnover means sum total of the value of (a) all excisable goods cleared during the relevant period including exempted goods, dutiable goods and excisable goods exported; (b) export turnover of services determined in terms of clause (D) of sub-rule (1) above and the value of all other services, during the relevant period; and (c) all inputs removed as such under sub-rule (5) of Rule 3 against an invoice, during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion in part of the amount of eligible refund. It is further pointed out 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 credit available on the last day of the quarter. (iii) Balance of cenvat credit available on the day of filing of refund claim. 9. Learned Authorised Representative for the Revenue relies on the impugned order. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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