Refund under rule 5

[SNEHAL SHAH]

R/sir,

We are manufacturing of packaging material & we have around 5 crore cenvat accumulated due to export ( physical as well as deemed export ) .

Now we want to file refund claim . Please provide procedure like what documents to be submit  , time limit etc .

Also one confusion is that can we export under rebate claim if we are file refund application means any restriction for rebate and refund not file pararaly .

Please guide .

Thanks and regards,

SNEHAL SHAH

[Mahir S]

Refer rule 5 of cenvat credit rules 2004, read with notification no. 5/2006 CE (N.T.) dated 14.03.2006.

Filing of refund application has no relevance with current export of goods under claim for rebate.

[Mahir S]

Notification No. 27 / 2012-CE (N.T.) dated 18/06/2012 for procedure and conditions to be followed for filing a claim for refund of Cenvat Credit in respect of duty paid on inputs / input services which relate to goods / services exported.

[Madhukar N Hiregange]

Please refer to a good commentary as the options for you are rebate on duty paid [ utilizing the cnevat credit to pay the duty - though not liable] and keep reducing the amount or go for refund. Articles on refund may also provide a few insights.

AI Summary

Refund of Cenvat Credit for exports permitted under prescribed procedures while exporters may continue to use rebate options. Refund of accumulated Cenvat credit for inputs and input services used in exports, including deemed exports, is claimable under the Cenvat Credit framework by following the prescribed refund procedure and conditions set out in the applicable notifications; filing a refund claim does not prevent exporting under a rebate scheme and exporters may either utilise credit for rebate or pursue refund subject to procedural and documentary requirements.