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Issue ID : 107101
- 0 -

Export to SEZ under claim of rebate

Date 30 Jul 2014
Replies5 Answers
Views 10225 Views
Asked By

R/sir,

We have supplied 40% of material at SEZ premises and in future this % will be increse up to 60% .

Our Cenvat balance also increse so for get financial benifit we want to supplied this material under claim of rebate .

Please guide us what documents required with notification related .

Is it Bill of export require for supplied material under rebate claim ?

Advance thanks for provide reply us .

Thanks ,

SNEHAL SHAH

5 answers
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- 0
Replied on Jul 30, 2014
1.

DTA unit will clear goods under ARE-1 on payment of duty under claim of rebate, as per normal export procedure.

Copy of ARE-1 and Bill of export, with an endorsement by the authorized officer of SEZ shall be the main documents required for filing rebate claim. The other documents and procedures shall be the same as per the normal export procedure

- 0
Replied on Jul 31, 2014
2.

Dear Snehal,

Before, supplying any goods to units/developer, in/of, SEZ, from DTA units, we hereby advise, please go through Rule 30 of the SEZ Rules, 2006 as amended from time to time.

Regards

Team YAGAY and SUN

(Management and Indirect Tax Consultants)

- 0
Replied on Jul 31, 2014
3.

The rebate under Rule 18 of the Central Excise rules, 2002. is admissible for supplies made from DTA to SEZ. The movement of goods from the place of manufacture to the SEZ shall be (i) on the basis of ARE1 (in cases where export entitlements are not availed); (ii) on the basis of ARE 1 and Bill of Export (in cases where export entitlements are availed) .

From the above it is cleared that if exporter availe the benefit of export entitlement i.e supplied of the goods under custom duty draw back or advance license scheme, it is mandatory for rebate claim that exporter submit the docuements i.e. Original and duplicate copy of ARE 1 duly endorsed by Custom authority of SEZ along with bill of export, post removal freight bill, copy of excise invoice and proof of reversal of duty (RG 23 A part - II). In other case, ,if exporter does nota vail the benefit of export entitlement( i.e not supplied of the goods under custom duty draw back or advance license scheme). Then exporter can file the rebate claim without bill of export. Follow the Judgment reported in citation 2012(284)E.L.T. 137 (G.O.I) GOVERNMENT OF INDIA vs.ROHIT POLY PRODUCT PVT. LTD/ KEI Industries Ltd. =2013 (2) TMI 57.

The other documents and procedures shall be the same as per the above said export procedure.

- 0
Replied on Aug 4, 2014
4.

It not mandatory to have Bill of Export for claiming rebate on supplies to SEZ. refer blog www.indiataxfin.com for regular updates on taxes

- 0
Replied on Aug 5, 2014
5.

NO THERE IS NOT EXPORT BILL REQUIRED UNDER REBATE CLAIM

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