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TMI BlogModvat / Cenvat credit - cash refund of unutilized credit on exportsX X X X Extracts X X X X X X X X Extracts X X X X ..... ustoms Central Excise Duties Drawback Rules, 1995, drawback is allowed to the exporters for the duties of Customs and Central Excise suffered on the imported or indigenous inputs used in the manufacture of the export product for which no relief is otherwise available. Accordingly, in the All Industry Rates. Drawback Table, notified by the Central Government annually, the drawback rates for vario ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rting Woven Sacks and Bags falling under SS No. 39.251 of the Drawback Table and claim only the Customs allocation of Drawback rate are not being allowed cash refund of the unutilised CENVAT credit. This is on the Premise that since the Drawback has been availed, the cash refund of the unutilised CENVAT credit is prohibited in terms of Rule 57F(14) of the central Excise Rules, 1944. 3. The issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me consumption or for exports on payment of duty any where for any reason such adjustment is not possible, the manufacture shall be allowed refund of such amount subject to such safeguard, conditions anf limitations as may be specified by the Central Government. Rule 57F(14) lays down that no refund of credit mentioned in Rule 57F(13) shall be allowed if the manufacturer avails of drawback allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Central Excise duty or Countervailing duty. There is no double benefit available to the manufacturer where only Customs portion of All Industry Rate of Drawback is claimed, if refund of unutilised credit is given, as no MODVAT (now CENVAT) credit facility is permissible for Customs duty suffered on imported inputs. Denial of refund of MODVAt credit of Excise/Countervailing duty paid on inputs re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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