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TMI BlogRefund of Cenvat Credit - Prescribes safeguards, conditions and limitations for the purpose of Rule 5 of Cenvat Credit Rules, 2004X X X X Extracts X X X X X X X X Extracts X X X X ..... tions and limitations for the purpose of Rule 5 of Cenvat Credit Rules, 2004 Notification No. 05/2006 -Central Excise (N.T.) Dated 14-03-2006 G.S.R.(E) In exercise of the powers conferred by rule 5 of the CENVAT Credit Rules, 2004 (hereinafter referred to as the 'said rules'), and in supercession of the notification of the Government of India in the Ministry of Finance (Depart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vices Rules,2005, as the case may be. 2. The claims for such refund are submitted not more than once for any quarter in a calendar year Provided that where,- (a) the average export clearances of final products or the output services in value terms is fifty percent or more of the total clearances of final products or output services, as the case may be, in the preceding quarter; or (b) the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtificate from the bank certifying realization of export proceeds 4. The refund is allowed only in those circumstances where a manufacturer or provider of output service is not in a position to utilize the input credit or input service credit allowed under rule 3 of the said rules against goods exported during the quarter or month to which the claim relates (hereinafter referred to as 'the given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of which the exporter claims the facility of refund under this rule. 2. "Total turnover" means the sum total of the value of,- (a) all output services and exempted services provided, including value of services exported; (b) all excisable and non excisable goods cleared, including the value of goods exported; (c) The value of bought out goods sold, during the given period. 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... **************************** Notes : 1. For the words, "duly certified by the officer of customs", the words, "duly certified by the officer of customs or a photocopy thereof duly attested by him" has been substituted vide Notification No.13/2007 CE (NT) dated 1/3/2007 2. The form A has been amended vide notification no. 7/2010 CE(NT) dated 27/2/2010 - Click here to download the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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