Recredit of an amountt wrongly debited in Cenvat Account

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

17 June 2010 If an assessee,as a result of a genuine calculation mistake, debits an amount, which is in excess of the duty requirement, how he can get back the excess amount? If it is a four months old case, is the adjustment to be done through re-crediting the same in the Cenvat Account or by submitting Refund Application or? Who is the proper authority here? Superintendent or Assistant Commissioner? What are the governing rules / notifications?

M Prabhakar Menon

M Prabhakar Menon (Expert)
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17 June 2010 Better approach the Range office and consult the Superintendent/AC in charge with proper records and satisfy him/her that the mistake was genuine.He will guide u.

Querist : Anonymous

Querist : Anonymous (Querist)

17 June 2010 Okay, I will meet them, but at the same time, I want to form my own knowledge base.

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Arbind Aggarwal

Arbind Aggarwal (Expert)
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18 June 2010 The only way is to get refund. Apply to the jurisdictional Assistant Commissioner in the Form-R for excise refunds and attach
the documentary evidence. There is no other method of taking credit sue moto.

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Querist : Anonymous

Querist : Anonymous (Querist)

18 June 2010 Thanks Mr. Agarwal for your kind guidance.