GOVERNMENT OF INDIA
MINSITRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF EXCISE AND CUSTOMS
Notification No. 27 /2012-CE (N.T.)
New Delhi the, 18th June, 2012
G. S. R -(E).- In exercise of the powers conferred by rule 5 of the CENVAT
Credit Rules, 2004 (hereinafter referred to as the “said rules”), and in
supersession of the notification of the Government of India in the Ministry of
Finance (Department of Revenue),
No 5/2006 – Central Excise (N.T), dated the
14th March, 2006, published in Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i) vide number G.S.R 156(E), dated the 14th March, 2006, the
Central Board of Excise and Customs hereby directs that refund of CENVAT credit
shall be allowed subject to the procedure, safeguards, conditions and
limitations as specified below, namely:-.
2.0 Safeguards, conditions and limitations.- Refund of CENVAT Credit under
rule 5 of the said rules, shall be subjected to the following safeguards,
conditions and limitations, namely:-
- the manufacturer or provider of output service shall submit not more than
one claim of refund under this rule for every quarter:
provided that a person exporting goods and service simultaneously, may submit
two refund claims one in respect of goods exported and other in respect of the
export of services every quarter.
- in this notification quarter means a period of three consecutive months with
the first quarter beginning from 1st April of every year, second quarter from
1st July, third quarter from 1st October and fourth quarter from 1st January of
every year.
- the value of goods cleared for export during the quarter shall be the sum
total of all the goods cleared by the exporter for exports during the quarter as
per the monthly or quarterly return filed by the claimant.
- the total value of goods cleared during the quarter shall be the sum total
of value of all goods cleared by the claimant during the quarter as per the
monthly or quarterly return filed by the claimant.
- in respect of the services, for the purpose of computation of total
turnover, the value of export services shall be determined in accordance with
clause (D) of sub-rule (1) of rule 5 of the said rules.
- for the value of all services other than export during the quarter, the time
of provision of services shall be determined as per the provisions of the Point
of Taxation Rules, 2011.
- the amount of refund claimed shall not be more than the amount lying in
balance at the end of quarter for which refund claim is being made or at the
time of filing of the refund claim, whichever is less.
- the amount that is claimed as refund under rule 5 of the said rules shall be
debited by the claimant from his CENVAT credit account at the time of making the
claim.
- In case the amount of refund sanctioned is less than the amount of refund
claimed, then the claimant may take back the credit of the difference between
the amount claimed and amount sanctioned.
3.0 Procedure for filing the refund claim. -
- The manufacturer or provider of
output service, as the case may be, shall submit an application in
Form A
annexed to the notification, to the Assistant Commissioner of Central Excise or
Deputy Commissioner of Central Excise, as the case may be, in whose
jurisdiction,-
(i) the factory from which the final products are exported is situated.
(ii) the registered premises of the provider of service from which output
services are exported is situated.
- The application in the Form A along with the documents specified therein and
enclosures relating to the quarter for which refund is being claimed shall be
filed by the claimant, before the expiry of the period specified in section 11B
of the Central Excise Act, 1944 (1 of 1944).
- The application for the refund should be signed by-
(i) the individual or the proprietor in the case of proprietary firm or karta in
case of Hindu Undivided Family as the case may be;
(ii) any partner in case of a partnership firm;
(iii) a person authorized by the Board of Directors in case of a limited
company;
(iv) in other cases, a person authorized to sign the refund application by the
entity.
- The applicant shall file the refund claim along with the copies of bank
realization certificate in respect of the services exported.
- The refund claim shall be accompanied by a certificate in
Annexure A-I, duly
signed by the auditor (statutory or any other) certifying the correctness of
refund claimed in respect of export of services.
- The Assistant Commissioner or Deputy Commissioner to whom the application
for refund is made may call for any document in case he has reason to believe
that information provided in the refund claim is incorrect or insufficient and
further enquiry needs to be caused before the sanction of refund claim.
- At the time of sanctioning the refund claim the Assistant Commissioner or
Deputy Commissioner shall satisfy himself or herself in respect of the
correctness of the claim and the fact that goods cleared for export or services
provided have actually been exported and allow the claim of exporter of goods or
services in full or part as the case may be.
Click here>> for (Form A) | (Form A-I)
(Madan Mohan)
Under Secretary to the Government of India
[F No 268/07/2012-CX.8]