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UN UTILIZED CENVAT CREDIT REFUN

ANBALAGAN ANBU

In Boiler Manufacturing company

We selling agrowaste fuel boiler under Duty exemption.

For the past two years we purchasing material with Excise duty But due the exemption of duty of our product we are utilizing this one.

Please suggest, we will go for refund claim.

If any notification of procedure there regarding this one, please explain.

Thank you,

E. ANBAZHGAN

Boiler Company Seeks CENVAT Credit Refund for Duty-Exempt Agrowaste Boilers; Rule 5 Allows Export Refunds Only A boiler manufacturing company is seeking advice on claiming a refund for unutilized CENVAT credit due to selling agrowaste fuel boilers under duty exemption. They have been purchasing materials with excise duty but cannot utilize the credit because their product is exempt. One response advises that a refund under Rule 5 of the CENVAT Credit Rules, 2004, is only possible if the credit cannot be used for domestic sales due to exports. If the product is unconditionally exempt, the credit should be reversed to avoid departmental action. Another response confirms eligibility for a refund if the products are exported. (AI Summary)
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