2018 (5) TMI 1561

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... The Deputy Commissioner issued an show cause notice dated 30.10.2015 calling upon the appellant to explain why the refund claim under Rule 5 of the CENVAT Credit Rules, 2004 should not be denied. After following due process, the Deputy Commissioner issued Order-in- Original No. 07/2016-17-ST(Tech-II)-Refund dated 27.04.2016 sanctioning refund of Rs. 1,34,98,634/- and rejecting an amount of Rs. 12,37,997/-, on the ground that some input goods or services cannot be deemed to be used for providing the output services. Aggreived, the appellant filed an appeal before the Commissioner (Appeals) who vide Order-in-Appeal No. HYD-EXCUS-004-APP-0347 & 0348-16-17 dated 28.02.2017, examined if each of those services can be claimed as input services an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ENVAT credit as determined by the following formula subject to procedure, safeguards, conditions and limitations, as may be specified by the Board by notification in the Official Gazette: Refund amount = (Export turnover of goods+ Export turnover of Total turnover services) x Net CENVAT credit Where,- (A) " Refund amount" means the maximum refund that is admissible; (B) "Net CENVAT credit" means total CENVAT credit availed on inputs and input services by the manufacturer or the output service provider reduced by the amount reversed in terms of sub-rule (5C) of rule 3, during the relevant period; (C) "Export turnover of goods" means the value of final products and intermediate products cl....