Deemed export
This query is : Resolved
16 July 2009
If A is a manufacturer and doing export. A is also doing deemed export by clubbing with B which is an other company of A it self only. Now I want to know what kind of benefit will be there for A in the case of sell tax.?
Second thing, A is exporting the Material under UT-1 in DEPB scheme while A it self taken a B1 bond on behalf of B as here the ARE – 1 is made combined & signed by both the authorized signatories A & B. in this case A will file proof Of Export as it has taken the Bond on behalf of B.. is this correct?
And now A wants to file CENVAT refund on the basis of export as it is not in condition to utilize the CENVAT of its account.. Now CENVAT can be calculated on the Domestic Deliveries/Invoices which A has made to B or A should calculate the CENVAT on the Export deliveries that B has directly made to the Buyer?? Please clarify with the Rules…..
Second thing, A is exporting the Material under UT-1 in DEPB scheme while A it self taken a B1 bond on behalf of B as here the ARE – 1 is made combined & signed by both the authorized signatories A & B. in this case A will file proof Of Export as it has taken the Bond on behalf of B.. is this correct?
And now A wants to file CENVAT refund on the basis of export as it is not in condition to utilize the CENVAT of its account.. Now CENVAT can be calculated on the Domestic Deliveries/Invoices which A has made to B or A should calculate the CENVAT on the Export deliveries that B has directly made to the Buyer?? Please clarify with the Rules…..
16 July 2009
Pls clarify about deemed export by clubbing with B. My understanding that if it is a deemed exports there is no sales tax as it is a stock transfer from one branch to another. All that you need to do is just furnish Form F.
Second one: it can do as merchant exporter. So your understanding would be fair.
Third: you can go for refund under CENVAT credit Rule 5.
Second one: it can do as merchant exporter. So your understanding would be fair.
Third: you can go for refund under CENVAT credit Rule 5.
16 July 2009
Thank you. but for the third there are the things like A calculate the CENVAT credit on the Raw Material that has used to make the final Finished product. Now which finished Good A should concider for the same tha A has sold as domestic sell to B or A should get the matarial that B has exported to the buyer?
16 July 2009
Is there any body .... to reply.... Plss?
16 July 2009
Simple, by looking at your query A is exporting on behalf of B. In this regard, A would get refund on proportionate base like total exports divided by total turnover into total eligible inputs during the period.
17 July 2009
Here I have a issue.. A rises the Domestic Invoice to B than B makes an Excise Invoice to buyer & the ARE-1 mentions the details of the manufacturer & its signed by the authorized signatories & B is doing export on behalf of A..
Suppose if A has sale the Material to B on 30.03.2009 but due to the other reasons B has exported the same as on 05.04.2009 in this case if A wants to file the CENVAT refund for the Quarter ended March’09 which sale should be considered? Should that be involved in the refund procedure? Please clarify in detail sir… I m confused…
Suppose if A has sale the Material to B on 30.03.2009 but due to the other reasons B has exported the same as on 05.04.2009 in this case if A wants to file the CENVAT refund for the Quarter ended March’09 which sale should be considered? Should that be involved in the refund procedure? Please clarify in detail sir… I m confused…
17 July 2009
No, the sale cannot be considered for the quarter ended 31st march 09. it shall be considered in the subsequent quarter/period.
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