TaxTMI 
TaxTMI 
2017 (12) TMI 1144
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....respondent ORDER Per: Ramesh Nair 1. The fact of the case is that the appellant is having centralized service tax registration and engaged in providing "Business Support Service, Information Technology Software Services, Internet Telecommunication Service, Management Consultants, Commercial training and Coaching" falling under Section 65 (105) of Chapter V of the Finance Act, 1994. The appellan....
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....08/- in accordance with the Notification No.5/2006-CE(NT) dated 14/03/2006. On being aggrieved, the appellant preferred an appeal with a request to grant balance refund of Rs. 6,99,942/-, which was rejected in order dated 17/02/2012. The Ld. Commissioner (Appeals) upholding the order-in-original rejected the appeal filed by the appellant. Therefore, the appellants are before us. 2. Shri H.G. Dhar....
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....r of undertaking. Maximum refund = Total Cenvat credit taken on input services during the given period x export turnover divided by Total turnover In the instant case the calculation is mentioned below: Cenvat Credit availed during the quarter Oct 2010 to Dec 2010 = 10,56,525 Export Turnover for the quarter Oct 2010 to Dec 2010 = 14,40,36,516 Total turnover for the quarter Oct 2010 to Dec....
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.... careful consideration of the submission made by both sides, we find that the adjudicating authority has taken Rs. 3,18,090/- as the amount unutilized and accordingly calculated the refund. However, the refund should have been calculated as per the formula as under: "Cenvat Credit X Export turnover Total turnover - As per the above formula, total Cenvat Credit availed during a particular quarte....