Excise duty rate change refund

If goods has been removed from factory at the rate of 12% excise duty after the clearance of goods rate of duty can not be revised. 

Dear i think u dont have to worried about because Uncer the Central Excise provision there is sufficent facility to claim refund of the exacess amount paid.

The CBSE allow the entities to claim Cenvat Creadit on the Duty paid on Input by setting of Output tax. 

So its not about to worry.

Hope u got clarified.

 

See what i meant to ask was - Suppose this scenario honda billed to dealer A suppose for rs. 100 (it includes 12% excise and other expenses like transportation etc). selling price of A is Rs. 125 per product it includes Rs 5 profit. closing stock of A is - 10 qty. now due to excise rate change from 12 to 8%. Honda revised its both prices i.e bill to dealer - 90 and Selling price - 110. this means the closing stock of dealer A of 10 qty will have to be sold on Rs 110 only. There would be a loss to dealer. Question - Can this loss because of rate change be claimed by dealer in any manner through excise dept. (125 -110)= 15*10qty =1500.

Ashish ur query is too gud...i also want to know d ans fr this....

I think so bo because the budget wil have prospective effect and such a loss will be a notional one... but can you claim in income tax. .?

Dear all i think i got ur solution here ..please refer to the Section 11 b of Central Excise . explanation about the Refund with concnept of Doctrine of Unjust Enrichment.

section 11b "Any person claiming refund of any duty of excise may make an application for refund of such duty to the Assistant Collector of Central Excise before the expiry of six months 1[ from the relevant date 4[ in such form as may be prescribed and the application shall be accompanied by such documentary or other evidence (including the documents referred to in section 12A) as the applicant may furnish to establish that the amount of duty of excise in relation to which such refund is claimed was collected from, or paid by, him and the incidence of such duty had not been passed on by him to any other person: Provided that where an application for refund has been made before the commencement of the Central Excises and Customs Laws (Amendment) Act, 1991 , such application shall be deemed to have been made under this sub- section as amended by the said Act and the same shall be dealt with in accordance with the provisions of subsection (2) as substituted by that Act]: 4[ Provided further that] the limitation of six months shall not apply where any duty has been paid under protest. "

since ur client has already paid the duty and incedence of burden have not been passed to the consumer hence ur cleint has right to claim the duty. u have to make an application in this regards to the AC/DC with sufficent documentary evidence with other relevant information. 

Here date of initial bill matter, Honda billed with its closing stock of inventory to A (which they would have bought @ 12%), and later they change the rate after checking of old inventory.  so no question of refund arise.

B'coz rate changed later after seeing the duty rate by govt.