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Central Excise - Highlights / Catch Notes

Home Highlights March 2015 Year 2015 This

Denial of rebate claims - Original documents not filed - the ...

Central Excise

March 28, 2015

Denial of rebate claims - Original documents not filed - the instant rebate claims are admissible to the applicants as the use of duty inputs in the manufacture of goods exported is not in dispute and export of goods stands established from customs certified relevant duplicate ARE-2 as well as shipping bills. - CGOVT

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  1. Rebate claim is not admissible if the original and duplicate copy of ARE-1 is not submitted along with rebate claim. - CGOVT

  2. Nature of reversal of cenvat credit on removal of inputs as such - it is nothing but payment of duty - Rebate claim is admissible to the applicant under Rule 18 - CGOVT

  3. Rebate claim - effective rate of Central Excise duty was reduced from 10% to 8% - rebate is admissible of duty paid at effective rate of duty on 24-2-2009 i.e. @ 8% - CGOVT

  4. Rebate claim – refund claim was time barred - rebate claim was rightly rejected as time barred but the re-credit of duty paid in Cenvat account is not admissible - CGOVT

  5. Denial of rebate claim - applicant cleared the goods by following self sealing procedure, and good were not physically examined at the port of export - rebate cannot be...

  6. Rebate / refund claim - applicant exported the goods procured from the manufacturer and filed rebate claim - original authority has rightly rejected the rebate claims...

  7. Denial of rebate claim - export of exempted goods - non-observance of the conditions prescribed in the notifications mentioned above, would result in denial of the rebate - AT

  8. Denial of rebate claim - Supply of goods to SEZ - Revenue denied claim on the ground that applicant did not supply the goods under Bill of Export - the rebate on duty...

  9. Denial of Credit based on photocopy of invoices, consolidated original Bill of Entry - prima facie credit is not admissible - AT

  10. Denial of refund claim of Rebate of duty - Mere pendency of revision before the C.G. at the instance of the department, is of no consequence - HC

 

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