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Eou-applicability of rule 6 of ccr2004
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....ou-applicability of rule 6 of ccr2004<br> Query (Issue) Started By: - arbs sarma Dated:- 16-8-2016 Last Reply Date:- 17-8-2016 Central Excise<br>Got 3 Replies<br>Central Excise<br>Sirs, 1. Ours is a100% EOU. We are manufacturing both dutiable and exempted goods. We are availing cenvat on common inputs. We dont have domestic clearances. Does the provisions of rule 6 applicable in our case i.e., to....
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.... EOU. 2. We are exporting our final product exempted in terms of notfn no. 12/2012-ce, under B17 bond. Is it correct. If yes, can we consider the value of exempted goods in export turnover while filing refund under rule 5 of ccr, 2004. Reply By KASTURI SETHI: The Reply: 1. NO. Rule 6 (1),(2) (3) & (4) are not applicable to 100% EOU. 2. Bond is executed to protect Govt. revenue. When goods are ....
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....exempted from CE duty, there is no logic to execute bond and clear the goods under bond. No requirement of law. 3. Yes. Rule 5(1) (E) of Cenvat Credit Rules,2004. Reply By arbs sarma: The Reply: Dear Kasturi Sethi Sir, Thanks for your reply. In terms of Rule 5 (1)E of CCR, value of exempted goods must be considered in total turnover. Refund amount = (Export turnover of goods+ Export turnover....
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.... of services) x Net CENVAT credit Total turnover My doubt is, can we include value of exempted goods exported by EOU, in Export Turnover of goods i.e., in Rule 5(1) C. Reply By KASTURI SETHI: The Reply: Sh.Sharma Ji, The value of exempted exported goods is to be taken into account for computation of "Total Turnover" only and NOT for 'Export Turnover of the goods for the purpose ....
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....of refund claim under Rule 5 CCRs.<br> Discussion Forum - Knowledge Sharing ....