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Goods cleared for export under rebate claim to be returned

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Querist : Anonymous

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Querist : Anonymous (Querist)
30 April 2013 Our queries are regarding ‘Re-entry of goods cleared for export under claim of rebate but not actually exported, in the factory of manufacturer.

Facts are that…

We have cleared our Excisable Finished on 17/03/2012 for Export , under Rebate Claim with payment of Excise.

But these products are not exported till date.

We need your opinion and views …,

o ON RECEIPT OF THESE PRODUCTS AT FACTORY ‘ CAN WE TAKE CENVAT CREDIT ON EXCISE DUTY PAID ON AT THE TIME OF PRODUCT REMOVAL FROM FACTORY? ‘

o IS ANY TIME LIMIT FOR RETURNED GOODS FROM THE DATE OF DISPATCH? IN THIS CASE, TIME PERIOD IS CROSSED 13 MONTHS.

o IF IT IS OUT OF TIME LIMIT, CAN CONCERN EXCISE AUTHORITY IN-CREASED THE TIME PERIOD?
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Arun Kumar Singh

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Arun Kumar Singh (Expert)
04 May 2013 You can not take cenvat credit on cancelled of export goods. Within 6 month goods should be export after removal from the factory.
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