To whom & where I refund cliam for Cenvat & service tax

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Alpesh

Sr.Account Executive

41 Points Posted on 19 February 2009

Dear All,

Let me breif about my bussiness. we are a 100% E.O.U at gujarat base. Our major raw materials are came under C-3. i.e. with out excise duty,but one of these materials are come under chargable excise duty. We here does not mainting any excise register i.e. R.G.23 Part 2/C/Part 1. & also not metion any Excise amount or Service tax amount in our Monthly/Qtrly Return.

Now my Question is we can refund the claim of Service Tax as well as Cenvat under the CRR 5,2004. But I do not kown to whom & where i have submite the File & in what the attention name.

Further I ask my friend, some of them say you have to submite the file at local Central Excise Rang/Division office & some of them say you have to submite the file at Kandla Office (KSEZ).

please help me

Replies (2)

Sachin

Chartered Accountant

413 Points Posted on 19 February 2009

Dear Alpesh,

First of all, you should prepared a list and calculate the amount of Excise Duty and Service Tax paid by you. and if you are interest to take the refund, you should make registration in the central Excise. and file the application for the Refund.

if you want to know more about this, please write me email sachinagarwacalcallb @ gmail.com

Rajesh Kumar

Advocate- Tax

6957 Points Posted on 20 February 2009

You are entitled to take credit of the excise duty/service tax paid. The said credit can be utilised for pament of excised duty, if you have any clearance to domestic tariff area. If such utilisation is not possible, you are entitled for refund under Rule 5 of the Cenvat Credit Rules. The claim of such refund should be filed in the jurisdictional division office of Central Excise.

If the EoU is working in a port area, under control of custom officers, the refund claim shall be filed with custom officers who has been authorised to exercise powers of central excise officers.