Refund of accumalated Cenvat Credit , Central Excise

[ashwinbhai shah]

One of our maufacturer is manufacturing Potassium Iodate falling under Ch.28. They are under control of Central Excise and cleared the goods on payment of duty @ 5% under Noti. No. 02/2011-CE. They imported their raw material - Iodine and paying the customs duty and CVD. The rate of CVD is 10% plus ACD @ 4%. The unit is availing the benefit of Cenvat Credit available under Cenvat Credit Rule, 2004. The queation is that the unit is discharged the central excise duty @ 5 % at the time of clearance of finished goods whereas cenvat credit is being taken @ 10% +4%. Hence the unit is having un-utilised balance of cenvat credit in the cenvat credit register. Whether the assessee can file refund claim of unutilised balance of cenvat credit under rule 5 of Cenvat Credit Rule, 2004. Please note that the unit is cleared finished goods for Home consumption only not exported whereas the rules speak about export. Please clirify the point. 

Posts / Replies

[CA Rachit Agarwal]

Yes refund can be claimed for excess credit, however subject to the satisfaction of the officer.

[Ramaiah Swamy]

good evening mr. shah,

 

1.  To my knowledge,  refund of cenvat credit is not given  generally.

2.  In terms of Cenvat Credit Rules, 2004, if the cenvat credit can not be utilized for any reason or if the cenvat credit gets accumulated on account of continuous exports, then you can seek refund of cenvat credit.  Or in case the business is closed.

3.  In other cases, refund of cenvat credit is not available.

4.  If you have ready export or are confident of exporting your finished goods as direct export, deemed export or supplies to SEZ unit, then you can think of going for advance authorization route so that you need not pay customs duty upfront and consequently no accumulation of cenvat credit.

With best wishes,

 

Ramaiah swamy