Rebate claim issue

[Prashant Ghadage]

Dear sir

We are purchase under CT-2 Bond and same items has been export. but my query is can we claim rebate claim on same material which we were purchased under CT-2 Bond

[KASTURI SETHI]

Sir,

You procured excisable goods without payment of duty under bond and exported. No duty has been paid on final product. Do you want to claim rebate of duty paid on inputs used in the manufacture of final product by the manufacturer ?

[Prashant Ghadage]

Dear Sir,

Thanks for Responce

We have accumulated Cenvat we want recover so we purchase under CT-2 Bond and want to claim Rebate claim.

we can claim rebate claim?

[KASTURI SETHI]

Dear Sir,

If Cenvat Credit has been accumulated because of export and you are not in a position to use, you can apply for refund under Rule 5 of Cenvat credit Rules, 2004. Refund claim is admissible.

[Prashant Ghadage]

Dear sir

can we claim under refund under Rule 5 as well as rebate claim both way Simultaneously

Thanks

Prashant

[KASTURI SETHI]

Sh.Prashant Ghadage Ji,

Here no duty has been paid on final product. CE duty paid on inputs have been used in the manufacture of final product (dutiable) exported without payment of duty. You may claim rebate of duty involved in the inputs used in the manufacture of exported goods under Rule 18 of CE Rules, 2002.

You can file refund claim under Rule 5 of Cenvat Credit Rules, 2004, being not in a position to utlilise on account of export. Both provisions are separate. These should be inter-mingled. One-to-one co-relation is not possible. No double benefit is allowed in any way. You are to see this aspect.

 

[Venkataprasad Pasupuleti]

Dear sir,

If you have procured input material without duty then it means you have enjoyed the export benefit on inputs also. Again asking rebate/refund of accumulated credit leads to double benefit, which is not allowable.

[YAGAY andSUN]

No way. Even our Constitution does not allow the dual benefits in such scenarios.

[Ganeshan Kalyani]

I am also of the same view as expressed by Experts. Thanks.

[Prashant Ghadage]

Thanks A lot

AI Summary

No double benefit: refund under Cenvat rules and rebate under excise rules cannot duplicate recovery. When inputs are procured under CT-2 bond and exported, no duty is paid on the final product. Refund of accumulated Cenvat credit is available when the credit cannot be utilized because of export; rebate of duty attributable to inputs used in exported manufacture is available under the excise rebate scheme. Both remedies are distinct and may be pursued, but double recovery for the same duty element is not permissible.