Can 100% eou pay duty & claim rebate?
This query is : Resolved
UNMESH KASHIKAR
(Querist)
24 May 2012
Cir. No. 940/01/2011-CX dtd. 14.01.2011 view of specific bar under Sub Section (1A) of Section 5A of Central Excise Act, 1944 the manufacturer cannot opt to pay duty in respect of unconditionally fully exempted goods and he cannot avail the CENVAT Credit of the duty paid inputs.
In this scenario, please clarify that exemption granted to EOU vide Notification No. 22/2003-CX dtd. 31.03.2003 is an unconditional one.
Is no whether EOU can pay the duty and claim Rebate ?
Please support your reply with case laws, circular if any.
In this scenario, please clarify that exemption granted to EOU vide Notification No. 22/2003-CX dtd. 31.03.2003 is an unconditional one.
Is no whether EOU can pay the duty and claim Rebate ?
Please support your reply with case laws, circular if any.
RAMESH KUMAR VERMA
(Expert)
24 May 2012
but condition of NFE how can be derived ?
noted of Notification No.24/2003-C.E. dated 31.03.2003 exempts excise duty on goods manufactured by 100%EOU . Further, Section 5A (1A) of Central Excise Act, 1944 when there is any exemption granted, manufacturer should not pay Excise duty. Thus, 100% EOU is bound by Notification No.24 /2003 read with Section 5A (1A) and cannot pay Excise duty on exports.
also read:
https://www.caclubindia.com/share_files/comprative-incentive-among-sez-eou-and-general-unit--23721.asp
noted of Notification No.24/2003-C.E. dated 31.03.2003 exempts excise duty on goods manufactured by 100%EOU . Further, Section 5A (1A) of Central Excise Act, 1944 when there is any exemption granted, manufacturer should not pay Excise duty. Thus, 100% EOU is bound by Notification No.24 /2003 read with Section 5A (1A) and cannot pay Excise duty on exports.
also read:
https://www.caclubindia.com/share_files/comprative-incentive-among-sez-eou-and-general-unit--23721.asp
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