04 January 2010
respected sir/madam, can drawback be sanctioned when goods are exported under rule 18 of CEX rules 2002 i.e, rebate claim of duty paid on clearance of finished product. the unit is paying duty as detailed in the invoice and ARE-1 and then claiming rebate. the assesssee is also availing cenvat credit and claiminig drawback @ 1% which is same whether cenvat availed or not. Can the asseessee avail simultaeously all these benefits ie, Cenvat on Inputs, Rebate on Exports as well Drawback?
RULE 8. Manner of payment. — (1) The duty on the goods removed from the factory or the warehouse during a month shall be paid by [the 6th day of the following month, if the duty is paid electronically through internet banking and by the 5th day of the following month, in any other case] :
Provided that in case of goods removed during the month of March, the duty shall be paid by the 31st day of March :
Provided further that where an assessee is availing of the exemption under a notification based on the value of clearances in a financial year, the duty on goods cleared during a calendar month shall be paid by [the 16th day of the following month, if the duty is paid electronically through internet banking and by the 15th day of the following month, in any other case,] except in case of goods removed during the month of March for which the duty shall be paid by the 31st day of March.
Provided also that an assessee, who has paid duty of fifty lakhs rupees or more, other than the amount of duty paid by utilization of CENVAT credit, in the preceding financial year, shall thereafter, deposit the duty electronically through internet banking.
Explanation. - For the purposes of this rule,-
(a) the duty liability shall be deemed to have been discharged only if the amount payable is credited to the account of the Central Government by the specified date;
(b) if the assessee deposits the duty by cheque, the date of presentation of the cheque in the bank designated by the Central Board of Excise and Customs for this purpose shall be deemed to be the date on which the duty has been paid subject to realization of that cheque.
(1A) Notwithstanding anything contained in sub-rule (1), the duty on the goods removed from the factory or the warehouse, in the State of Gujarat, during the second fortnight of February, 2002 and the month of March, 2002 shall be paid by the 31st March, 2002 :
Provided that where an assessee in the State of Gujarat is availing of the exemption under a notification based on the value of clearances in a financial year, the duty on goods cleared during the month of February, 2002 shall be paid by the 31st March, 2002.
Explanation. - For removal of doubts, it is hereby clarified that the duty liability shall be deemed to have been discharged only if the amount payable is credited to the account of the Central Government by the specified date.
(2) The duty of excise shall be deemed to have been paid for the purposes of these rules on the excisable goods removed in the manner provided under sub-rule (1) and the credit of such duty allowed, as provided by or under any rule.
[(3) If the assessee fails to pay the amount of duty by due date, he shall be liable to pay the outstanding amount along with interest at the rate specified by the Central Government vide notification under section 11AB of the Act on the outstanding amount, for the period starting with the first day after due date till the date of actual payment of the outstanding amount.
[(3A) If the assessee defaults in payment of duty beyond thirty days from the due date, as prescribed in sub-rule (1), then notwithstanding anything contained in said sub-rule (1) and sub-rule (4) of rule 3 of CENVAT Credit Rules, 2004, the assessee shall, pay excise duty for each consignment at the time of removal, without utilizing the CENVAT credit till the date the assessee pays the outstanding amount including interest thereon; and in the event of any failure, it shall be deemed that such goods have been cleared without payment of duty and the consequences and penalties as provided in these rules shall follow.
[(4) The provisions of section 11 of the Act shall be applicable for recovery of the duty as assessed under rule 6 and the interest under sub-rule (3) in the same manner as they are applicable for recovery of any duty or other sums payable to the Central Government.
HENCE, DRAWBACK IS ALSO GAINED BUT, IT WILL REDUCED WHEN U ARE NOT AVAILING THE CENVAT.
05 January 2010
In this provisions, the Customs allocation in the drawback rates may be allowed. If there is 1% rate on whether CENVAT availed or not, it means that the same 1% has been allocated for customs and nothing has been fixed in the Excise allocation.
For more clearification, let me know the drawback entry number to explain the query.
CAclubindia
