Speedy disbursal of pending refund claims of exporters of services under rule 5 of the CENVAT Credit Rules, 2004

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....cise/Service Tax(Audit)/ Principal Commissioners/Commissioners LTU, Joint Secretary TRU-I/TRU-II/Review Commissioner Central Excise/Legal/PAC/Taxpayer Services Madam/Sir Subject: Speedy disbursal of pending refund claims of exporters of services under rule 5 of the CENVAT Credit Rules, 2004 The Board has been issuing instructions from time to time relating to the sanction and disbursal of refund claims under various notifications. A simplified procedure for sanction of refund for select categories of exporters was outlined vide Circular No. 828/5/2006-CX dated 20-4-2006 issued from F. No. 268/4/2005-CX-8. This year having been declared as the Year of Taxpayer Services, the Board has accorded primacy to speedy sanction of refunds in case....

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....ditor in the case of companies, and from a chartered accountant in the case of assessees who are not companies, in the format given in Annexure-1. 3.2 An undertaking from the claimant in the format given in Annexure-2. 4.0 Operation of the scheme 4.1 On receipt of the documents referred to in paragraph 3.1 and 3.2 above in respect of pending claims, the jurisdictional Deputy/Assistant Commissioner will give a dated acknowledgement to the claimant. He will then make a provisional payment of 80% (eighty per cent) of the amount claimed as refund, within five working days of the receipt of the documents. 4.2 The letter intimating the provisional payment should be in the format given in Annexure-3. It is clarified that this payment of 80% o....

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....e or modifying the relevant portion of the order, a SCN will also have to be issued for the amount not covered by the original SCN. However, prior to the issue of such a SCN, the claimant may be intimated about the inadmissible amount so that he has an opportunity to avail of the provisions of section 73(3) of the Finance Act, 1994. 5.0 Monitoring and reporting 5.1 An MIS report in the format specified in Annexure-4 may be sent by the tenth of every month by email to [email protected] 5.2 Principal Commissioners/Commissioners should ensure that the provisional payment of refunds is done strictly in terms of the time lines specified and that there are no complaints regarding delays. They should also ensure that the staff dealing with ....

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....Annexure-2 To The Deputy/Assistant Commissioner of Central Excise/Service Tax Date: M/s __________, STC No. _______________ hereby undertake that for any amount provisionally paid to me for the refund claim for Rs._________for the quarter, filed on _____, in case there is a difference between the amount provisionally paid to me and the amount found to be admissible, I shall pay the said differential amount upon intimation about its inadmissibility, along with applicable interest thereon. Signature of the claimant Annexure-3 To, M/s STC No. Date: Subject: Provisional payment of amount claimed as refund Please refer to your refund claim filed for the quarter______________ for an amount of Rs_________ filed on _________ 2. On the ....