claim of rebate of duty paid on input

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CA Rakhi Govil (Querist)

02 December 2010 Dear Experts,
we exported some goods on claim for rebate of duty paid on input used.we files ARE-1 and got the refund from the excise department.
Now, we are exporting another consignment, by following the same procedure (by filing ARE-1)now custom department objecting that we should file ARE-2.And I think that is correct.
My question is this that will custom department take back the refunded amount? and another question is this is it necessary to use the material in the export on which we want to claim rebate?

Rajesh Kumar

Rajesh Kumar (Expert)

06 December 2010 Surprising? How was duty paid in inputs used in manufacture of export goods was calculated on ARE-1?
Anyway, you can request the Custom person to certify that goods covered in the particular ARE-1 has been exported. Later on you can try to get the mistake rectified by the jurisdictional excise authority.
Custom has no power to grant or reject rebate.

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