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Home News Commentaries / Editorials Month 9 2007 2007 (9) This

Rebate / Refund of excise duty paid at the time of export

18-9-2007
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Rebate / Refund of excise duty paid at the time of export "

Notification no. 19/2004 CE(NT) dated 6.9.2004 issued under rule 18 of the Central Excise rules, 2002 grants the procedure and conditions of claming rebate / refund of excise duty paid on goods exported to any country other than Nepal and Bhutan.

On the other side, various industries situated in certain specified areas are eligible for exemption under various notifications under a special scheme of exemption. Under this scheme these units pay excise duty first and than claim the refund under the respective notifications.

Therefore, there was a threat of double refund or misuse of special scheme by availing refund under notification no. 19/2004 as well as in the respective notifications.

To curb the chances of such double refund or misuse of special scheme, central government has inserted conditions no. (h) to the notification 19/2004 that where the units are availing exemption under the following notifications, they shall not be eligible for refund under this notification.  

Notification

Exemption

No. 032/1999 - CE- dated - 08-07-1999

Exemption to North East States from Excise duty to goods cleared from a unit located in the Growth Centre or Integrated Infrastructure Development Centre or Export Promotion Industrial Park or Industries

No. 033/99 - CE- dated - 08-07-1999

Excise Exemption to specified goods of factories in North East (Assam, Tripura, Meghalaya, Mizoram, Manipur, Nagaland or Arunachal Pradesh)

No. 039/2001 - CE- dated - 31-07-2001

5 Year Excise Free Holiday for Units in Kutch District of Gujarat

No. 056/2002 - CE- dated - 14-11-2002

Industrial Growth Centres/Industrial Infrastructure/EP Indl. Parks, etc. Units - Exemption from Excise Duty

No. 057/2002 - CE- dated - 14-11-2002

Jammu & Kashmir Units - Exemption from Excise Duty of Specified Goods

No. 056/2003 - CE- dated - 25-06-2003

Exemption and Utilization of CENVAT credit under the CENVAT Credit Rules, 2002 - Sikkim

No. 071/2003 - CE- dated - 09-09-2003

Exempts the goods in the State of Sikkim

No. 020/2007 - CE- dated - 25-04-2007

Exempts the goods - First Schedule CE Tariff Act, 1985 other than those mentioned in the Annexure and cleared from a unit located in the States of Assam or Tripura or Meghalaya or Mizoram or Manipur or Nagaland or Arunachal Pradesh or Sikkim

Also see:

Chapter no. 26B of Central Excise Manual - EXPORT OF EXCISABLE GOODS - UNDER CLAIM OF REBATE

 

 

 

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