The submission of the appellant is not acceptable as the Rule has overriding effect on Circular regarding change the formula for Adjusted Total Turnover.
Refund- In the instant case, the appellant have filed applications for refund of unutilized ITC for CESS for the month of March, 2018 and April 2018. On examination, it was found that the refund claims were liable to be rejected on various reasons; therefore Show Cause Notices were issued by the adjudicating authority.
the appellant has raised question on the method of calculation of refund as prescribed under Rule 89(4) of the CGST Rules 2017. Their submission that the adjusted turnover has been taken wrongly as total turnover and only turnover of CESS should be treated as adjusted turnover, cannot be accepted in terms of definition of Adjusted Total Turnover.
Held that- The appellant request to change the formula according to the said Circular cannot be entertained, as the Rule has overriding effect on Circular and also in the said Circular nowhere it is mentioned to change the formula for Adjusted Total Turnover. Hence, I found that the submission of the appellant is not acceptable in terms of the legal provisions made under CGST Rules 2017.
The submission of the appellant is not acceptable as the Rule has overriding effect on Circular regarding change the formula for Adjusted Total Turnover.
Refund- In the instant case, the appellant have filed applications for refund of unutilized ITC for CESS for the month of March, 2018 and April 2018. On examination, it was found that the refund claims were liable to be rejected on various reasons; therefore Show Cause Notices were issued by the adjudicating authority.
the appellant has raised question on the method of calculation of refund as prescribed under Rule 89(4) of the CGST Rules 2017. Their submission that the adjusted turnover has been taken wrongly as total turnover and only turnover of CESS should be treated as adjusted turnover, cannot be accepted in terms of definition of Adjusted Total Turnover.
Held that- The appellant request to change the formula according to the said Circular cannot be entertained, as the Rule has overriding effect on Circular and also in the said Circular nowhere it is mentioned to change the formula for Adjusted Total Turnover. Hence, I found that the submission of the appellant is not acceptable in terms of the legal provisions made under CGST Rules 2017.