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Excise Duty Refund

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..... Excise Duty Refund
Query (Issue) Started By: - Raja krishnan Dated:- 24-11-2015 Last Reply Date:- 29-11-2015 Central Excise
Got 5 Replies
Central Excise
Dear Sir, A" is coming under the SSI status manufacturing unit, they are purchasing their raw materials from "B" along with Excise duty & VAT used for Drilling Machinery manufacturing. "A" sales the aforesaid .....

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..... Machinery only to 100% EOU & other exporters who's are coming under the EPCG scheme. now "A" is not doing any local sales but planning in future. My Doubt is : "A" is having Excise registration, now, is "A" eligible for refund of Excise duty & VAT which are collected from "B" by the way of raw materials purchase. if "A" is eligible for refund, .....

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..... from where "A" will collect that accumulate excise duty, from DGFT (or) local Excise? I request you to that reply briefly along with suitable Notification if any. Yours truly,k.Raja Reply By Mahir S: The Reply: Sir, For answer to all your queries, please refer Notification No. 21/2004 CE (N.T.) dated 06.09.2004 and Rule 18 of Central Excise Rules 2002. Reply By KASTURI SETHI: The Repl .....

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..... y: Dear Raja Krishnan Ji, In the situation explained by you, I am of the view that your rebate claim under Rule 18 of Central Excise Rules, 2002 or refund claim for credit of duty paid on the inputs under Rule 5 of Cenvat Credit Rules,2004 would be hit by Notification Nos.8/15-CE(NT) dated 1.3.15 and 6/15-CE(NT) dated 1.3.15 respectively due to change in in definition of the term, "Export G .....

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..... oods" w.e.f. 1.3.2015. Kindly read between the lines and ask further, if required. Reply By YAGAY AND SUN: The Reply: Dear K Raja, We endorse the view of 'Kasturi Sir' in this matter. Regards, YAGAY and SUN (Management, Business and Indirect Tax Consultants) Reply By Mahir S: The Reply: By Quoting rule 18 above in my earlier reply dated 24.11.2015, the aspect of notification n .....

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..... o 08/2015 CE NT has already been incorporated/covered therein, as rule 18 is itself based on the said notification. Other replies on the said query were provided thereafter and that too after studying rule 18 quoted in my earlier reply (under which reference to notification no. 08/2015 CE NT has already been discussed in the said rule) 18) , which therefore means that the impact of the said notif .....

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..... ication was already covered in my earlier dated 24.11.2015 reply quoted above. Therefore, same things were being repeated in a different way. Reply By KASTURI SETHI: The Reply: M/s.YAGAY and SUN, Dear Sirs, Yours observations dated 28.11.2015 are really a source of inspiration for me. Thanks a tonne. KASTURI LAL SETHI
Discussion Forum - Knowledge Sharing .....

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