Duty Free Import Authorization (DFIA) Scheme - availment of facility under rule 18/ 19(2) of the Central Excise Rules, 2002 or Cenvat credit under CENVAT Credit Rules, 2004 amendment of Notification number 40/06-Cus dated 1.5.06 by Notification No. 17 /2009-CUSTOMS dated 19th February, 2009 and issuance of Circular No. 11 /2009-Cus. dated 25th February, 2009
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DFIA amendment conditions CENVAT credit on post-export imports: bond or additional duty payment required to prevent double benefits. Amendment of DFIA rules permits availment of CENVAT credit but conditions post-export imports: importers clearing materials after discharge of export obligation must either furnish a bond to use imported materials in the manufacture of dutiable goods and obtain a certificate of such use within six months, or pay an amount equal to the additional duty of customs at clearance (payment allowing CENVAT credit). Transfers of authorisations or imported materials require payment of additional duty with interest if not paid at clearance. Recovery for past periods is limited to cases where duty-free replenishments were used to manufacture non-dutiable goods.
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Provisions expressly mentioned in the judgment/order text.
DFIA amendment conditions CENVAT credit on post-export imports: bond or additional duty payment required to prevent double benefits.
Amendment of DFIA rules permits availment of CENVAT credit but conditions post-export imports: importers clearing materials after discharge of export obligation must either furnish a bond to use imported materials in the manufacture of dutiable goods and obtain a certificate of such use within six months, or pay an amount equal to the additional duty of customs at clearance (payment allowing CENVAT credit). Transfers of authorisations or imported materials require payment of additional duty with interest if not paid at clearance. Recovery for past periods is limited to cases where duty-free replenishments were used to manufacture non-dutiable goods.
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