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 CENVAT Credit Possible for Exports Under Rule 5 CCR or as Rebate via Rule 18 Central Excise Rules. A query was raised regarding the refund of accumulated CENVAT credit. Two responses were provided. The first response stated that a refund is possible only in the case of exports, as per Rule 5 of the CENVAT Credit Rules (CCR). If the department restricts the use of CENVAT credit for duty payment, and this can be proven, a refund may be claimed. The second response suggested claiming a refund under Rule 5 of CCR, 2004, or as a rebate under Rule 18 of the Central Excise Rules, 2002, by paying duty through CENVAT credit on exports and then claiming it as a rebate.