Official Gazette:
specified in sub-rule.
(Export turnover of good + Export turnover of services)
Refund amount =
* Net CENVAT credit Total turnover
Where,-
(A) "Refund ... following
manner, namely:-
Export turnover of services =
payments received during the
relevant period for export services
+ export services whose provision
has been completed for which
from the
export, the same proportion as the amount of the
export turnover specified in such certificate bears
to the total export turnover ... services cannot be excluded in
computing the export turnover as it forms part of the
export turnover. In the instant case as is clear from
export turnover" means the consideration in
respect of export by the undertaking, being
the Unit of articles or things or services
received ... connection with export of computer software, cannot
be excluded in computing the export turnover as it forms
part of export turnover. The aforesaid order
paid to engineers on
site for technical services should be
added to the export turnover when
computing deduction ... from the
export turnover by holding it as technical services.
5
When the export of services only is not entitled to
deduction under Section
Profits of business Rs.1426.95 crores
Export Turnover Rs.4678 crores
Total Turnover Rs.4732 crores
Deduction claimed Rs.1410.50 crores ... Reduction of expenses in foreign
currency and providing technical services outside
India from export turnover - Rs.1041,17,04,887/-
. c) Reduction of bad debts
from the export, the same
proportion as the amount of the export turnover
specified in such certificate bears to the total
export turnover ... computing the export turnover and total turnover, as to
whether this amount should be deducted from such
export turnover and total turnover and this
makes a distinction between
technical services rendered in connection with
export of computer software and export of
technical services for the purpose of
development ... services cannot be
excluded in computing the export turnover as it
forms part of the export turnover. In the instant
case as is clear from
rendering technical services outside India for reduction
from the export turnover as well as total turnover are
7
covered by a decision of the special bench ... relatable to the export of computer software
are to be reduced from export turnover as well as from
total turnover. However, it was held that
makes a distinction between technical
services rendered in connection with export
of computer software and export of
technical services for the purpose of
development ... services cannot be excluded in
computing the export turnover as it forms
part of the export turnover. In the instant
case as is clear from
treated as
expenses incurred for providing technical services outside India
and hence reduced from export turnover and total turnover.
Thus he proceeded to frame
