2018 (5) TMI 863 – CESTAT HYDERABAD – TMI – Refund of accumulated CENVAT credit – rejection on the ground that the export turnover of third party exports for computing export turnover value for the said quarter should not be considered – Held that: – the goods which were cleared from the factory premises of the appellant were in fact exported – the appellant should submit the Bank Realization Certificate for the exports made through third party – the matter sent back to the adjudicating authority, for a limited purpose of verification of realisation of the goods cleared for exports – appeal allowed by way of remand. – Appeal No: E/30085/2018 – A/30505/2018 – Dated:- 17-4-2018 – Mr. M.V. Ravindran, Member(Judicial) Shri Guna Ranjan, Superintendent/AR for the Appellant. None for the Respondent. [Order per: Mr. M.V. Ravindran] 1. This appeal is directed against Order-in-Appeal No. VIZ-EXCUS- 003-APP-050-17-18, dated 29.09.2017 and filed by Revenue. Notices were open both appellant and re
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idered as exports and has to be included for computing total turnover of exports. 4. Ld. DR submits that the findings of the first appellate authority are not correct; that the exports made during the quarter shall be the goods exported by the Respondent and submits that the first appellate authority has recorded that the respondent did not produce the bank realisation certificate of the exports. It is his submission that the matter may be remanded to the lower authorities. 5. On due consideration of the submissions made, I find there is no dispute as to the fact that respondent cleared the goods manufactured by them for export through third party. The findings of the first appellate authority on this point are relevant which are reproduced: 5.3 As per words of value of export used in Rule 2(c), I opine that the said rule does not restrict the exports by third party exports and no specific guidelines issued for not considering third party exports turnover for computing total turnover o
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ave not been considered for computing export turnover. I opine that the plea of the appellant to consider value of such exports for computation of export turnover is to be allowed subject to the submission of requisite Bank Realization Certificate. 6. It can be seen from the above reproduced findings of the first appellate authority that the goods which were cleared from the factory premises of the appellant were in fact exported and the interpretation given by the Tribunal has been correctly followed by the first appellate authority. I do not find any reason to interfere in such an interpretation which is held as correct by the decisions of the Tribunal. 7. As regards the point raised by Ld. DR, I do find that the first appellate authority in para 5.4of the impugned order has specifically stated that the appellant should submit the Bank Realization Certificate for the exports made through third party. I find that it is correct reasoning to send the matter back to the adjudicating auth
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