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TMI BlogTrading Export is Considered as Exempted ServicesX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Experts, We are manufacturer cum merchant exporter, we are doing manufacturing sale and trading sale in domestic market as well as export market. whether our trading export will be treated as exempted service and cenvat to be reverse under rule 6(3) of cenvat credit rule 2004. Please advice. Thanks - Reply By KASTURI SETHI - The Reply = Rule 6 (3) of Cenvat Credit Rules, 2004 is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not applicable for trading goods exported. - Reply By RAM SHARMA - The Reply = Dear Sir, Please elaborate this with rules. Thanks - Reply By KASTURI SETHI - The Reply = Exported goods are to be treated as duty-paid goods. It is a fact. - Reply By RAM SHARMA - The Reply = Dear Sir, Trading Goods mention in negative list of service whether it is export or domestic. Hence it should exempte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d service and rule 6(3) should be apply for manufacturer. Please advice. Thanks - Reply By Ganeshan Kalyani - The Reply = Sir, the same query was raised by you in the issue id #1 Issue Id: - 110695 Dated: 28-7-2016 Thanks. - Reply By KASTURI SETHI - The Reply = Sh.Ram Sharma Ji, Be well conversant with the meaning of 'Export' and benefits attache ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d with the export. Also search on cbec site or on google. If you cannot, then I shall come with authority on the issue. - Reply By JSW CEMENT LIMITED - The Reply = In this Case I endorse the view expressed by Shri Kasturi Ji. It is a well settled fact that taxes should not be exported. If a trading goods are exported, any reversal would mean cost of export go up which is not the intention of leg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... islature as it would make the Indian product in-compatible in the international market. I fully agree with Shri Karturi ji, that trading export should not be treated as exempt service and no reversal under Rule 6 (3) is required. V.Venkat Raman - Reply By JSW CEMENT LIMITED - The Reply = the Following case law maybe helpful. 2007 (12) TMI 209 - BOMBAY HIGH COURT REPRO INDIA LTD. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Versus UNION OF INDIA Export of exempted goods - common inputs in dutiable goods and exempted goods - non-maintenance of separate accounts as contemplated by Rule 6(2) held that in such case where goods are exported, direction by revenue to the petitioner to pay 10% of sale price of exempted goods u/r 6(3)(b) is not justified - If the exempted products are exported outside India the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of Rule 6(6)(v) of CCR are applicable. Therefore, the bar provided u/r 6(1) and the liability created u/r 6(3)(b) are not attracted therefore, credit is available on inputs used in mfg. of goods exported even if goods are exempted - Reply By KASTURI SETHI - The Reply = Sh.V.Venkat Raman Ji, Thanks a lot, Sir, for echoing my views. I really appreciate your a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of expression which always gives loud and clear message. What I miss, you do not appear on this forum regularly. - Trading Export is Considered as Exempted Services - Query Started By: - RAM SHARMA Dated:- 12-8-2016 Service Tax - Got 9 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dia - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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