krishnan (employed) (38 Points)
27 January 2009DTA unit supplying entire production to SEZ directly. Procedure followed is clearance for Export under Bond and under ARE-1.
Unable to utilise the Cenvat Credit availed.
For supplies by a DTA unit directly to SEZ, can the DTA unit apply for refund of unutilised Cenvat Credit under Rule 5 of Cenvat Credit Rules 2004.
Pl let me know and if so the relevant rules relating to it.
Thx in advance.
Rajesh Kumar
(Advocate- Tax)
(7806 Points)
Replied 28 January 2009
Yes. The unutilised credit is refundable under Rule 5.
Another way can be cleareance of goods to SEZ under ARE-1 after payment of duty and take rebate of duty paid.
natarajan s
(sr manager accounts)
(48 Points)
Replied 03 March 2009
We are exporters of automobile components to europe , usa,north amereca. We have exported under LUT. We have not debited the cenvat register for the payment of duty since it is marked as LUT. Now i have a huge balance in my cenvat credit and i wish to get the same refunded since major of it is for export. We also do sales within the state of tamilnadu as well cst sales within the country.
Could any one help me as how am i to go about to get the refund of unutilised cenvat credits?
Rajesh Kumar
(Advocate- Tax)
(7806 Points)
Replied 03 March 2009
You can take refund of cenvat credit under Rule 5 of Cenvat Credit Rules. You can also export your goods after payment of duty under claim of rebate under Rule 18 of Central Excise Rules.
25 Hours GST Scrutiny of Return and Notice Handling(With Recording)
Survey, Search and Seizure under Income Tax Act 1961
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