TMI BlogSeeks to notify procedures, safeguards, conditions and limitations for grant of refund of CENVAT Credit under rule 5B of CENVAT Credit Rules, 2004X X X X Extracts X X X X X X X X Extracts X X X X ..... irects that the refund of CENVAT credit shall be allowed to a provider of services notified under sub-section (2) of section 68 of the Finance Act,1994, subject to the procedures, safeguards, conditions and limitations, as specified below, namely:- 1. Safeguards, conditions and limitations. (a) the refund shall be claimed of unutilised CENVAT credit taken on inputs and input services during the half year for which refund is claimed, for providing following output services namely:- (i) renting of a motor vehicle designed to carry passengers on non abated value, to any person who is not engaged in a similar business; 1 [***] (iii) service portion in the execution of a works contract; (hereinafter the above mentioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim of refund under this notification for every half year; (f) the refund claim shall be filed after filing of service tax return as prescribed under rule 7 of the Service Tax Rules for the period for which refund is claimed; (g) no refund shall be admissible for the CENVAT credit taken on input or input services received prior to the 1st day of July,2012; Explanation. For the purposes of this notification, half year means a period of six consecutive months with the first half year beginning from the 1st day of April every year and second half year from the 1st day of October of every year. 2. Procedure for filing the refund claim. (a) the provider of output service, shall submit an application in Form A annexed here ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1st of April/1st of October To, The Assistant Commissioner or Deputy Commissioner of Central Excise, .. ... Sir, I/We have provided taxable services where service recipient is also liable to pay service tax in terms of sub-section (2) of section 68 of the Finance Act, 1994 . Accordingly the refund of CENVAT Credit in terms of Rule 5B of the CENVAT Credit Rules, 2004 (as per the details below) may be sanctioned. (a) Particulars of output services provided and service tax liability of the service provider and the service recipient during the period of half year for which refund is claimed:- Sl. No Description of service Value of output s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refund amount (minimum of column 2 and 3) 1 2 3 4 (c), I/we have debited the CENVAT credit account by Rs. . for seeking refund. 2. Details of the Bank Account to which the refund amount to be credited: Refund sanctioned in my favour should be credited in my/ our bank account. Details furnished below; (i) Account Number : (ii) Name of the Bank : (iii) Branch (with address): (iv) IFSC Code: 3. Declaration (i) I/We certify that the aforesaid particulars are correct. (ii) I/We certify that we satisfy all the conditions that are contained in rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vant Central Excise/ Service Tax records. The said refund claim has been examined with respect to relevant enclosures and has/has not been found in order. A refund of Rs. ____________________________ (Rupees ____________________) is sanctioned/The refund claim filed is rejected. Assistant Commissioner or Deputy Commissioner of Central Excise Forwarded to- (i) The Chief Accounts officer, Central Excise, for information and necessary action. (ii) The Commissioner of Central Excise. Assistant Commissioner or Deputy Commissioner of Central Excise ________________________________________________________________________ (i) Passed for payment of Rs. ______________ (Rupees ____________) The amount is adjustable under head 004 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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