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2022 (9) TMI 127
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....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 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 ar....
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....grieved, the appellant preferred appeal before 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 allowe....
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....moved as such under sub-rule (5) of Rule 3 against an invoice, during the period for 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/- Domest....
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....re, which has led to erroneous rejection 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....