Refund of cenvat credit
This query is : Resolved
Raman Ranjan Das
(Querist)
15 December 2011
Is there any procedure to claim refund of cenvat credit when there is no export.goods are cleared in domestic market only.There is excess amount of cenvat credit after untlizing ED liability on sales.
U S Sharma
(Expert)
15 December 2011
except rebate claim on exports, there is no other process to claim excess credit.
15 December 2011
According to me, refund of unutilized Cenvat credit can be given in following two circumstances only:
(1) If the unutilized accumulated credit is related to the inputs used in export goods cleared without payment of duty.
(2) If the assessee was prevented by Deptt. to utilise the Credit at material time and he has paid duty from PLA. Subsequently, if it is held that the credit was admissible to the assessee at relevant time, but now he is not able to utilize the same. In such case appellate authorities or court can direct deptt. to grant cash refund of such unutilized credit.
(1) If the unutilized accumulated credit is related to the inputs used in export goods cleared without payment of duty.
(2) If the assessee was prevented by Deptt. to utilise the Credit at material time and he has paid duty from PLA. Subsequently, if it is held that the credit was admissible to the assessee at relevant time, but now he is not able to utilize the same. In such case appellate authorities or court can direct deptt. to grant cash refund of such unutilized credit.
CA Ayush Agarwal
(Expert)
16 October 2013
No, You can't Ask for Refund of CENVAT credit from Dept.
Better Pass on this Credit to party and claim the same from output liablity.
Better Pass on this Credit to party and claim the same from output liablity.
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