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Refund of untilized cenvat credit

Ritesh Jain (CA, CS in Job) (675 Points)

20 December 2008

can any body tell me, when an assesse can succesfully claim for CENVAT CREDIT REFUND unutilized due to change in excise rates on input rawmaterial and final goods produced...

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11 Replies

S.P.Mahanta (Internal Auditor) (647 Points)
Replied 24 December 2008

Refund of Excise duty can be claimed only on closure of business/manufacturing operations. Howerver, in case of exporters, excise duty refund is allowed. In all other cases, unavailed cenvat credit can be adjusted only against excise liability on finished products.

CA. MUKESH KUMAR (CHARTERED ACCOUNTANT) (183 Points)
Replied 27 December 2008

i m agrey with the view of S.P.MAHANTA

Rajesh Kumar (Advocate- Tax) (7806 Points)
Replied 30 December 2008

I beg to differ.

Refund of unutilised Cenvat Credit cannot be claimed even in the cases of closure of business.

Such refund can be claimed only under Rule 5 of the Cenvat Credit Rules, if such accumulation of credit is related to credit on inputs, which has been used in manufacture of export produc, which has been exported under bond without payment of duty and without claim of rebate on inputs.

Manish Gaikwad (Service) (36 Points)
Replied 08 January 2009

You can claim any time your unutilised Cenvat Credit. only thing you have to submit apllication in prescribed format with proper supporting documents.

Regards,

Manish

Rajesh Kumar (Advocate- Tax) (7806 Points)
Replied 08 January 2009

Manish, Kindly tell us the rule under which it can be claimed.

Manish Gaikwad (Service) (36 Points)
Replied 08 January 2009

https://cenexcisenagpur.nic.in/tradenotice/trade_653.htm

Please refer above link

Give me some time . I will confirm you the same.

Jeevesh Mehta (Advocate- Corporate Commercial & Indirect Tax Advisory) (861 Points)
Replied 16 June 2009

Originally posted by :R!t35H J @ !N
"	can any body tell me, when an assesse can succesfully claim for CENVAT CREDIT REFUND unutilized due to change in excise rates on input rawmaterial and final goods produced...	"

Dear Sirs,

Please put some more light on this topic of unutilized credit other than Export i.e Rule 5 Cenvat Credit Rules.

Whether refund is allowed or not? Is it only allowed in case of Export not otherwise?

If not , than will it lapse automaticly?

regards

Rajesh Kumar (Advocate- Tax) (7806 Points)
Replied 17 June 2009

Jeevesh, it is allowed only in case of export.

KK Khandelwal (Commercial manager) (23 Points)
Replied 24 September 2011

please any body tell me that a unit get refund of unutilised cenvat credit under rule 5 when produced goods totaly exported and there is no reason for utilisation of cenvat credit.

A unit has de-bonded from EOU to DTA unit,having cenvat credit in part-II,can be refunded

KK Khandelwal (Commercial manager) (23 Points)
Replied 24 September 2011

Originally posted by : KK Khandelwal
	please any body tell me that a unit get refund of unutilised cenvat credit under rule 5 when produced goods totaly exported and there is no reason for utilisation of cenvat credit. A unit has de-bonded from EOU to DTA unit,having cenvat credit in part-II,can be refunded

KK Khandelwal (Commercial manager) (23 Points)
Replied 24 September 2011

when a unit was fullfil export obligationas required under 100%eou ,after debonding by payment of duty ,unit has cenvat credit balance of input used by them for production the exported goods,give the guidlines to get refund back if there is no DTA sale.