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Rebate claim of excise duty & depb claim

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(Querist)
16 August 2011 Dear Sir,
We are exporting Cast Iron Products against rebate claim of Excise duty paid by the manufacturer through RG 1Part 2 and claiming DEPB,but we have reced show cause notice that we cannot claim both from the excise department. Sir please advice us under which rule we can claim both.
Regards
SanjaykumarGupta
sanjaykumargupta31@gmail.com
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U S Sharma

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U S Sharma (Expert)
17 August 2011 both can not be claimed, DEPB claim is method of refund duty involved in goods purchased from market where cenvat credit is not claimed as rebate.
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C A S.S.Agarwal, M.Com.,LL.B,

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C A S.S.Agarwal, M.Com.,LL.B, (Expert)
18 August 2011 I agree with the expert. Try to resolve this issue with the department by filing either rectification application and paying the tax liability or my any other method with the department suggests to save from higher losses in coming years.
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