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Non-availment cenvat certificate being demanded for dutydraw

This query is : Resolved 

19 June 2013 Dear Sir / Madam,

We have been exporting goods since August 2012 and we are entitled to 6.8% dutydrawback for our exports. Even our shipping bills have clearly mentioned the amount receivable for export for dutydrawback.

In the last 12 exports, we got dutydrawback for 1 export / shipping bill, while all others are pending with customs.

On enquiring, they informed us to get Non-Availment Cenvat Certificate from Excise Range Office. On contacing Range Office, the Excise Superintendent clearly mentioned that they cannot issue Non-Availment Cenvat Certificate since we are taking input credit for our purchased.

Now, since the dutydrawback is an export incentive, why do I need to submit a Non-Availment Cenvat certificate to customs? When I buy something under excise, and I sell in export, even then I am not utilizing this credit. Also, how is an 'export incentive' related to my excise purchase and sale? I do not understand why Customs is asking for this certificate. I smell something fishy.

Can someone clarify how we can tackle this issue? And how we can respond to Customs department?


28 June 2013 SUPTDT. POST THEIR QUIERIES AFTER SHIPMENT
FURTHER INFO READ:


Circular No.8 / 2003-Cus 17th February 2003





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