Refund of cenvat balance

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Querist : Anonymous

Querist : Anonymous (Querist)

26 April 2012 Is refund of CENVAT balance possible if the Company is not a going concern?

Jai Bajaj

Jai Bajaj (Expert)
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30 April 2012 Refer Central exicse rule 5. This rule only deal with the refund of cenvat if the assessee is exporter.

Where any inputs are used in the final products which are cleared for export under bond or letter of undertaking, as the case may be, or used in the intermediate products cleared for export, the CENVAT credit in respect of the inputs so used shall be allowed to be utilized by the manufacturer towards payment of duty of excise on any final products cleared for home consumption or for export on payment of duty and where for any reason such adjustment is not possible, the manufacturer shall be allowed refund of such amount subject to such safeguards, conditions and limitations as may be specified by the Central Government by notification:

Provided that no refund of credit shall be allowed if the manufacturer avails of drawback allowed under the Customs and Central Excise Duties Drawback Rules, 1995, or claims a rebate of duty under the Central Excise Rules, 2002, in respect of such duty.