Duty Free Import Authorization (DFIA) Scheme - availment of facility under rule 18 (rebate of duty paid on materials used in the manufacture of resultant product) or sub-rule (2) of rule 19 of the Central Excise Rules, 2002 or Cenvat credit under CENVAT Credit Rules, 2004 under Notification number
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Duty free import authorization double benefit curtailed; replenishments must be used for dutiable goods or duties paid. The DFIA scheme's concurrent availment of Cenvat credit or rebate for inputs used in exported goods and subsequent duty free replenishments could create double benefits. Amendments align the customs notification with FTP: if Cenvat/rebate was taken and replenishments are imported after EO, the importer must bond and certify use in manufacture of dutiable goods or pay additional customs/excise duty (with interest) or elect to pay additional duty at clearance and avail Cenvat. Recovery action for past cases is limited to instances where replenishments were used for non dutiable goods or transfers occurred without payment.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Duty free import authorization double benefit curtailed; replenishments must be used for dutiable goods or duties paid.
The DFIA scheme's concurrent availment of Cenvat credit or rebate for inputs used in exported goods and subsequent duty free replenishments could create double benefits. Amendments align the customs notification with FTP: if Cenvat/rebate was taken and replenishments are imported after EO, the importer must bond and certify use in manufacture of dutiable goods or pay additional customs/excise duty (with interest) or elect to pay additional duty at clearance and avail Cenvat. Recovery action for past cases is limited to instances where replenishments were used for non dutiable goods or transfers occurred without payment.
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