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TMI BlogSpeedy disbursal of pending refund claims of exporters of services under rule 5 of the CENVAT Credit Rules, 2004X X X X Extracts X X X X X X X X Extracts X X X X ..... tral Excise/Service Tax All Commissioners of Central Excise/Service Tax(Audit)/ Principal Commissioners/Commissioners LTU, Joint Secretary TRU-I/TRU-II/Review Commissioner Central Excise/Legal/PAC/Taxpayer Services Madam/Sir Subject: Speedy disbursal of pending refund claims of exporters of services under rule 5 of the CENVAT Credit Rules, 2004 The Board has been issuing instructions from time to time relating to the sanction and disbursal of refund claims under various notifications. A simplified procedure for sanction of refund for select categories of exporters was outlined vide Circular No. 828/5/2006-CX dated 20-4-2006 issued from F. No. 268/4/2005-CX-8. This year having been declared as the Year of Taxpayer Serv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddition to those required to be filed along with the claim) 3.1 A certificate from the statutory auditor in the case of companies, and from a chartered accountant in the case of assessees who are not companies, in the format given in Annexure-1 . 3.2 An undertaking from the claimant in the format given in Annexure-2 . 4.0 Operation of the scheme 4.1 On receipt of the documents referred to in paragraph 3.1 and 3.2 above in respect of pending claims, the jurisdictional Deputy/Assistant Commissioner will give a dated acknowledgement to the claimant. He will then make a provisional payment of 80% (eighty per cent) of the amount claimed as refund, within five working days of the receipt of the documents. 4.2 The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner. 4.5 If during review of the refund order, any further amount is found to be inadmissible, then, apart from filing an appeal for setting aside or modifying the relevant portion of the order, a SCN will also have to be issued for the amount not covered by the original SCN. However, prior to the issue of such a SCN, the claimant may be intimated about the inadmissible amount so that he has an opportunity to avail of the provisions of section 73(3) of the Finance Act, 1994 . 5.0 Monitoring and reporting 5.1 An MIS report in the format specified in Annexure-4 may be sent by the tenth of every month by email to [email protected] 5.2 Principal Commissioners/Commissioners should ensure that the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laimed to be exported, qualify to be treated as exports in terms of the rules in force at the time of the said export. Signature of the statutory auditor/chartered accountant/ authorized signatory of the statutory auditor/chartered accountant Annexure-2 To The Deputy/Assistant Commissioner of Central Excise/Service Tax Date: M/s __________, STC No . _______________ hereby undertake that for any amount provisionally paid to me for the refund claim for Rs._________for the quarter, filed on _____, in case there is a difference between the amount provisionally paid to me and the amount found to be admissible, I shall pay the said differential amount upon intimation about its inadmissibility, along with applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Claims for which documents (as required in Para 3 of the Circular) have been submitted Amount of provisional payment made (Para 4.1 of the circular) No. Amount No. Amount No. Amount For the Month Upto the Month For the Month Upto the Month For the Month Upto the Month For the Month Upto the Month - Circular - Trade Notice - Public Notice - Instructions - Office orders Tax Management India - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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