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Refund of excise duty

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(Querist)
05 July 2012 One of our client is a manufacturer and is paying 12% duty on raw material, but rate of duty is 6% on finished product. This has resulted in accumulation of balance of cenvat credit of huge amount. Can refund of such amount be claimed. Also plz suggest accounting treatment.
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Arun Kumar Singh

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Arun Kumar Singh (Expert)
06 July 2012 yes, you can claim balance cenvat for refund.
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NITESH GUPTA

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NITESH GUPTA (Querist)
06 July 2012 However, when we contacted department in this regard, they said there is no specific clause for such refund. Can you explain the possibility and procedure for claiming refund with a specific reference to legal provisions. Please tell us about any court judgement on this issue.
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U S Sharma

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U S Sharma (Expert)
08 August 2012 cash refund not possible except rebate of duty for on exported goods.
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