Notification compliance in mandatory or option

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

22 June 2015 Dear Sir,
We are manufacture of Cookwares which are covered in under tariff heading 73239390 taxable rate @ 6% ( Notification 02/2011 Sr.No.53). We have cenvat credit balance and we are paying excise duty by debiting cenvat account. Now we are exporting product so we have some below question.
1. Can we export with full rate of duty i.e. 12.50% under rebate ?
2. Can we charges the duty in some case 6%( Notification 02/2011 Sr.No.53) and in some case 12.50% or we will have to pay duty continuously with same rate.

Please help in this matter with the help of valid provision of excise act.

RAM KUMAR SAINI

RAM KUMAR SAINI (Expert)
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22 June 2015 COMPLIANCE IS MANDATORY YOU NEED TO DEBIT THE DUTY WITH SAME RATE

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Querist : Anonymous

Querist : Anonymous (Querist)

22 June 2015 Dear Sir,
under which section/rule this define.
Is there any way to claim refund from excise department.

RAM KUMAR SAINI

RAM KUMAR SAINI (Expert)
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23 June 2015 you himself aware and mentioned that your product attract 6% rate of duty by said notification

you can debit duty as per said notification and apply for rebate claim with required documents after exporting the goods

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