2012 (8) TMI 175

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....by the Central Board of Excise & Customs ('CBEC' for short) on 22nd February, 2011. 4) By the said office memorandum dated 22nd February, 2011, the CBEC has held that where the Cenvat credit is availed in respect of the goods exported under the Duty Free Import Authorisation ('DFIA' for short), it shall be treated that the assessee has availed the credit even if the credit is reversed or paid back along with interest after clearance of the goods. 5) The relevant facts are that on obtaining the DFIA dated 29th October, 2009, the petitioner became entitled to import various inputs required in the manufacture of the "cold rolled full hard CRCA" with an obligation to export the manufactured goods upto the quantity specified therein. 6)....

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.... Once transferability is endorsed, imports / domestic procurement against authorisation or transfer of imported inputs / domestically procured inputs shall be subject to payment of applicable additional customs duty / excise duty. While endorsing transferability, authorisation would bear a note as to liability of such additional customs duty / excise duty. However, in case where CENVAT facility has not been availed, exemption from additional customs duty / excise duty would be available even after endorsement of transferability on DFIA." Thus, as per para 4.2.6 of the policy, duty free import of inputs under DFIA is permissible even to a transferee provided Cenvat facility has not been availed by the original licence holder. 9) After....