Refund of accumulated cenvat credit

[madhavvan n]

we have huge accumulated cenvat credit can we calim refund of the same kindly let me know the provisions

[Rama Krishana]

You can get the refund of accumulated cenvat credit only in case of export - see rule 5 of CCR. However, where department prevent you to pay duty through cenvat credit and you are able to prove the restriction imposed by the department to utilize cenvat credit, you can get the refund of cenvat credit.

[RadheyShyam Mangal]

In case of export u can claim refund either under Rule 5 of CCR,2004 or as a rebate under Rule 18 of CER,2002 by first paying duty from cenvat on export and then claim as rebate on submitting POE. There appears to be only above two methods of getting accumated cenvat credit

AI Summary

Refund of accumulated cenvat credit: available for exports or via rebate if duty paid and utilization restricted.
Refund of accumulated cenvat credit is available for exports under the export refund provision; if the department prevents utilization, refund may follow upon proof of that restriction. Alternatively, exporters may pay duty from cenvat on export and claim rebate by submitting proof of export at the port.