export of bought outt items as such without reversal of cenvat credit-applicability of the decision of supreme court {ELT 295(353)}

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... export of bought outt items as such without reversal of cenvat credit-applicability of the decision of supreme court {ELT 295(353)}
Query (Issue) Started By: - KARAN KUMAR Dated:- 14-9-2014 Last Reply Date:- 17-9-2014 Central Excise
Got 1 Reply
Central Excise
Dear experts, A manufacturer has exported "bought out items as such" without payment of duty and without reversal of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... credit. It is neither their input nor capital goods. Further, it has not been used in manufacturing process and has been cleared as such like a traded item. My query is (1) Whether the decision of Supreme Court in KCP Ltd. Vs CCE Chennai {ELT 295 (353) = 2013 (9) TMI 98 - SUPREME COURT is applicable in above case i.e. reversal of Cenvat credit on bought out items (2) Whether Rule 6 (3D)(c) of CC .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... R 2004 applicable. The above case is special case as in all other 3 cases of export without payment of duty i.e. (1) CT-1 procedure under bond (2) LUT procedure and (3) Annexure-45 procedure under Notf No. 43/2001-CE(NT), only the original manufacture gets both the benefits of (1) non-reversal of Cenvat credit and (2) Export without payment of duty. Whereas, in above case a trader is getting the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... above benefits. Reply By MUKUND THAKKAR: The Reply: Dear Karan, if you are manufacturer and want to export bought out items you can first you export and file refund. in your case above mention case is not applicable which is totally different to your doubt.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X