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Issue ID: 107479
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CENVAT in excess

Date 15 Oct 2014
Replies3 Replies
Views 1391 Views
Cenvat cash refund available for credit used in exports, subject to conditions and rebate procedures.
Cash refund of excess CENVAT Credit applies where the credit has been utilised for export of goods and is subject to prescribed conditions and procedures; accumulated credit from capital goods and inputs may be claimed by filing a rebate claim (not for clearances under LUT) upon submission of proof of export and bank realisation. (AI Summary)

Sir,

our client as a manufacturer status as well as having excess balance of CENVAT Credit obtaining from the Capital Goods and Inputs purchases. Now if they are eligible to receive cash refund that the aforesaid excess credit, but please be noted, they are doing exports and domestic sales also. So my doubt is they are eligible for cash refund for the utilized accumulated Cenvat credit?

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Replied on Oct 15, 2014
1.

dear sir,

As per my view, cash refund can be obtained of cenvat utilized for export of goods.

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Replied on Oct 15, 2014
2.

Yes Sir, refund is admissible for accumulated credit resulting from export clearances, as explained above.

However, it is subject to fulfillment of various conditions and procedures, as envisaged in the relevant rule.

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Replied on Oct 16, 2014
3.

Hi,

Accumulated Credit can be obtained as cash refund by clearing export under Rebate Claim only not for clearances made under LUT, after receiving all the documents (proof of export and bank realisation) you can apply for rebate claim

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