Refund

This query is : Resolved 

26 September 2011 refund is not available when the incidence of duty/interest is passed on.

Kindly explain incidence passed on.
thank you

26 September 2011 In case of removal of goods, the charging of ED means that the incidence is apssed on. Once the amountis recived itmeans that one has already got reimbursed for the IDT. Getting a refund would means double benefit.

27 September 2011 Thank You Sir,

Would that mean that if i remove goods without charging excise, pay E.D from my own pocket- i'll not be subject to unjust enrichment??

Kindly also explain if it is affected by provisions of explanation to section 4(1) relating to price-cum-duty.
thank you..

27 September 2011 You cannot remove goods without paying excise duty.

27 September 2011 No i meant if one pays excise out of his own pocket..


actually what i wish to know is,how is unjust enrichment avoided. If one wishes to pay the duty to avoid interest and claim refund?
Thanks

27 September 2011 Why do you first want to pay the duty and then claim refund.

Refund is a very long procedure. You will unnecessary block your money with no certainity of getting the refund.

28 September 2011 to get refund the formalities of ARE-1 should be followed, and without such formalities, its deemed that the manufacturer has reimbursed the duty from the buyer. hence the refund is inadmissible


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries



CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news



Answer Query



Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details