Custom duty get back

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This query is : Resolved

sushant (Querist)

16 September 2012 Dear all,

Please advice me can i get a custom duty back if i export on noncommercial basis the machine which i imported 1 year ago

if yes then please inform me the procedures and required documents on my mail id

sushantbhure@gmail.com

thanks and regards

Sushant

Rama Krishnan

Rama Krishnan (Expert)

17 September 2012 Dear Sushant,

You will not get draback on imported machines if you are exporting the same back in non ocmmerical value as there will FOREX loss.

Normally Customs allow CIF import value + 2%. if not the DMK is reduced to the proprotion of reduction in export value

sushant

sushant (Querist)

23 September 2012 Thanks sir,

But then why we should reverse out Cenvat credit if we do not get Dutydrawbac from custom

Rama Krishnan

Rama Krishnan (Expert)

24 September 2012
YES SUSHANT, YOU CAN RE EXPORT THE GOODS UNDER SEC 74, WITHOUT REVERSING THE CENVAT CREDIT ALREADY AVAILED, THIS MEANS CVD AND SAD ELEMENT NEED NOT BE REVERSED, BCD AND CESS AMOUNT HAS TO CLAIMED BACK AS DRAWBACK , ON EXPORT OF GOODS UNDER SEC 74.

THERE IS PROVISION FOR THE SAME UNDER EXCISE MANUL, CHAPTER 5, CLAUSE NO 3.4, BCD AND CUSTOMS CESS IN SUCH CASE CAN BE CLAIMED UNDER SEC 74, PROVIDED IDENTITY IS ESTABLISHED THROUGH PART NO AND SERIAL NUMBER. THERE ARE ALSO VARIOUS CLASE LAWS TO THIS EXTENT. ANYONE HAS DIFFRENT OPINION???