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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 ..... Trading Export is Considered as Exempted Services X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 exempted 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 KAS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TURI SETHI: The Reply: Sh.Ram Sharma Ji, Be well conversant with the meaning of 'Export' and benefits attached 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 expor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted. If a trading goods are exported, any reversal would mean cost of export go up which is not the intention of legislature 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 Repl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y: the Following case law maybe helpful. 2007 (12) TMI 209 - BOMBAY HIGH COURT REPRO INDIA LTD. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/r 6(3)(b) is not justified - If the exempted products are exported outside India the provisions 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, Thank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a lot, Sir, for echoing my views. I really appreciate your art of expression which always gives loud and clear message. What I miss, you do not appear on this forum regularly. X X X X Extracts X X X X X X X X Extracts X X X X
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