TaxTMI 
TaxTMI 
2020 (8) TMI 109
X X X X Extracts X X X X
X X X X Extracts X X X X
....les, 2004. 2. The facts of the case are that the appellant is manufacturer of pharmaceutical and availing Cenvat credit on inputs and packing material. The appellant is exporting their final product on payment of duty. The appellant is claiming rebate claim of duty paid on final product under Rule 18 of Central Excise Rules, 2002. There is some Cenvat credit accumulated in Cenvat credit account on account of export of goods, therefore, they filed refund claim under Rule 5 of Cenvat Credit Rules, 2004, the refund claims were rejected. Therefore, the appellant is before us. 3. The Ld. Counsel for the appellant submits that as rate of duty on their inputs is higher than the finished goods, therefore, refund claim accumulated in their Cenvat ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ich is exported without payment of service tax, shall be allowed refund of CENVAT 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 services) x Net CENVAT credit Total turnover 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 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....lowed if the manufacturer or provider of output service avails of drawback allowed under the Customs and Central Excise Duties and Service Tax Drawback Rules, 1995, or claims rebate of duty under the Central Excise Rules, 2002, in respect of such duty; or claims rebate of service tax under the Export of Services Rules, 2005 in respect of such tax. Explanation 1.- For the purposes of this rule,- (1) "export service" means a service which is provided as per the [rule 6A of the Service Tax Rules, 1994]; (1A) "export goods" means any goods which are to be taken out of India to a place outside India.] (2) "relevant period" means the period for which the claim is filed. Explanation 2.-For the purposes of this rule, the value of ser....