Can Cenvat Input under Rule 5 of Cenvat Credit Rules be claimed, if partial sales are for exports and partial sales are for local Sales ?
If yes, on what basis and reference ?
Mayur Khetshi Nisar (Practice) (139 Points)
25 December 2009Can Cenvat Input under Rule 5 of Cenvat Credit Rules be claimed, if partial sales are for exports and partial sales are for local Sales ?
If yes, on what basis and reference ?
Ashish Ojha
(Chartered Accountant)
(469 Points)
Replied 25 December 2009
Rule 6(2) states to maintain seperate account for exempted and dutiable goods... Also the language of rule 5 is as follows
"Where any inputs or input services are used in the final products which are exported or used i providing output service which is exported.........."
Now in this language it does not say that whole of the goods must be exported... So u can claim credit refund for export part... Also, you can take whole credit... But can take refund on only that part of inputs which is used for export...