Material to be supplied under Mega Project Policy/Deemed Exp


21 May 2011 We have to be supplied the consignment under Mega Project Policy called as Deemed Export.
But by mistake we have already supplied the consignment in the month of Feb-2011
However, at the time of dispatch supplier has not issues PAC.
Now supplier is asking for Declaration for claiming Deemed Export Drawback

Pl. gives your valuable opinion on the same.


22 May 2011 materials supplied prior to commencement of project does not qualify for exemption.

put more details to discuss

22 May 2011 But in purchase order of customer it was mentioned that "This Project comes under mega project policy and notification in this regard is likely to be issued shortely. Accordingly, excise duty will be exempted. However, at the time of dispatch, if we fail to issue PAC, ED will be paid extra at actuals. In case ED paid extra, vendor has to produce required documents for getting duty draw back by the customer xyz.

The above terms were not read by us at the time of dispatches & the goods are removed under excise invoice.

Now the customer is asking for disclaimer certificate on below format

Declaration for claiming Deemed Export Drawback

I, (Name & Designation) …..on behalf of M/s. ……………… (Name and address of the supplier) hereby certify that we have supplied the following goods to M/s Lanco Infratech Limited, at 2 X 660 MW Lanco Power Plant, Pathadi Village, Champa Korba Road Chhattisgarh 495 677:

S.No. Inv. No. & date Description of goods Unit Qty. Value



1. We are the manufacturer exporters/suppliers and are registered/not registered with Central Excise and have not availed and will not avail CENVAT facility in respect of the input/components used in aforesaid supplies. We have also not availed and will not avail rebate on the inputs/components used in aforesaid supplies.
OR
We are the suppliers and our supporting manufacturer(s) is/are registered/not registered with Central Excise and have not availed and will not avail CENVAT facility in respect of the inputs/components used in aforesaid supplies.

2. We also certify that we have not been issued any Advance Authorization/Duty Free Import Authorization in respect of the aforesaid supplied goods and have not availed any benefit thereon.

3. We further state that we have not drawn nor will draw any benefit for deemed export and we have no objection if M/s Lanco Infratech Limited, at 2 X 660 MW Lanco Power Plant, Pathadi Village, Champa Korba Road Chhattisgarh 495 677 draws the deemed export benefits on the supplies mentioned above. (Required to be given in case benefits are claimed by recipient of goods).
OR
We have not given disclaimer certificate to M/s………………………. (Name and address of the recipient) and will not give disclaimer certificate, in future, in respect of these supplies for claiming deemed export benefits (Required to be given in case benefits are claimed by DTA suppliers).

4. The complete address of the Jurisdictional Assistant/Deputy Commissioner of the Central Excise Division is given as follows:

Yours faithfully,

Signature (Authorized Signatory)
Full Name
Designation
Name of the company
Telephone Number
E-mail
Address
Fax No.

Note: Declaration is to be given on letter head of the supplier. The Declaration furnished by the supplier to Office of the Development Commissioner/Office of the Joint Director General of Foreign Trade should be in duplicate with complete address of the Jurisdictional Assistant/Deputy Commissioner of the Central Excise Division. The Development Commissioner/Joint Director General of Foreign Trade would forward the second copy of this Declaration, duly stamped, to the addressed Assistant /Deputy Commissioner of the Central Excise Division.

Plz. suggest


22 May 2011 But in purchase order of customer it was mentioned that "This Project comes under mega project policy and notification in this regard is likely to be issued shortely. Accordingly, excise duty will be exempted. However, at the time of dispatch, if we fail to issue PAC, ED will be paid extra at actuals. In case ED paid extra, vendor has to produce required documents for getting duty draw back by the customer xyz.

The above terms were not read by us at the time of dispatches & the goods are removed under excise invoice.

Now the customer is asking for disclaimer certificate on below format

Declaration for claiming Deemed Export Drawback

I, (Name & Designation) …..on behalf of M/s. ……………… (Name and address of the supplier) hereby certify that we have supplied the following goods to M/s Lanco Infratech Limited, at 2 X 660 MW Lanco Power Plant, Pathadi Village, Champa Korba Road Chhattisgarh 495 677:

S.No. Inv. No. & date Description of goods Unit Qty. Value



1. We are the manufacturer exporters/suppliers and are registered/not registered with Central Excise and have not availed and will not avail CENVAT facility in respect of the input/components used in aforesaid supplies. We have also not availed and will not avail rebate on the inputs/components used in aforesaid supplies.
OR
We are the suppliers and our supporting manufacturer(s) is/are registered/not registered with Central Excise and have not availed and will not avail CENVAT facility in respect of the inputs/components used in aforesaid supplies.

2. We also certify that we have not been issued any Advance Authorization/Duty Free Import Authorization in respect of the aforesaid supplied goods and have not availed any benefit thereon.

3. We further state that we have not drawn nor will draw any benefit for deemed export and we have no objection if M/s Lanco Infratech Limited, at 2 X 660 MW Lanco Power Plant, Pathadi Village, Champa Korba Road Chhattisgarh 495 677 draws the deemed export benefits on the supplies mentioned above. (Required to be given in case benefits are claimed by recipient of goods).
OR
We have not given disclaimer certificate to M/s………………………. (Name and address of the recipient) and will not give disclaimer certificate, in future, in respect of these supplies for claiming deemed export benefits (Required to be given in case benefits are claimed by DTA suppliers).

4. The complete address of the Jurisdictional Assistant/Deputy Commissioner of the Central Excise Division is given as follows:

Yours faithfully,

Signature (Authorized Signatory)
Full Name
Designation
Name of the company
Telephone Number
E-mail
Address
Fax No.

Note: Declaration is to be given on letter head of the supplier. The Declaration furnished by the supplier to Office of the Development Commissioner/Office of the Joint Director General of Foreign Trade should be in duplicate with complete address of the Jurisdictional Assistant/Deputy Commissioner of the Central Excise Division. The Development Commissioner/Joint Director General of Foreign Trade would forward the second copy of this Declaration, duly stamped, to the addressed Assistant /Deputy Commissioner of the Central Excise Division.

Plz. suggest

23 May 2011 so whats your prob in issue of certificate as wanted by them? as these does not bar in licence against this export, but its declaration that you have not used goods of any adv licence and not enjoyed any other incentive.

24 May 2011 Bur we have availed the CENVAT facility in respect of the input/components used in aforesaid supplies.

Pl. check Para No. 1

Thanks in advance for your quick reply on this matter.

24 May 2011 DEPB/Cenvat credit can not be availed simaltenously, so u have to reverse the cenvat credit and issue certificate.

25 May 2011 we've already paid the excise duty & now you told me to reverse the credit.

Then what's our benefits


26 May 2011 you have to negotiate with buyer regarding DEPB and other benefits,

if any benefit is availed including cenvat credit, then depb can not be claimed.

as you have charged ED, the same is paid to you and in case they claim depb then its presumed that ed is paid in cash, not from credit account.

02 June 2011 Sir, Plz. give me your cell no. to discuss in more

02 June 2011 Plz. confirm if we can issue the certificate to customer on below format

PUBLIC NOTICE No.04/2010(RE-2009-14)
NEW DELHI: 23.8.2010
Annexure III
DISCLAIMER CERTIFICATE FOR DEEMED EXPORT BENEFITS
I, ____________on behalf of (Name and address of the supplier) hereby certify that we have supplied the following goods to (Name and address of the recipient):
Sl No. Excise Invoice No Excise Invoice Date Excisable Commodity Unit(No.s) Quantity
(KMS) Assessable
Value (Inr)


















































Total Drums & Qnty Despatched
We are the suppliers and our supporting manufacturer(s)are registered with Central Excise in respect of the aforesaid supplied goods.
We further state that we have not drawn nor will draw any benefit for deemed export and we have no objection if recipient draws the deemed export benefit on the supplies mentioned above.

Yours faithfully,
(Authorized Signatory
(Name of the supplier)
Official Seal/Stamp


(Note: Disclaimer certificate is to be given on letter head of the firm)

03 June 2011 Sir, Plz. reply


08 June 2011 question is not yet answered



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