Pradeep Jain - Chartered Accountant

DEAR SIR WE ARE REGISTERED UNDER CENTRAL EXCISE FROM LAST 25 YEAR FROM THAT DAY WE JUST CLEARED OUR EXPORTS UNDER LUT ONLY HENCE THE HUG CENVAT CREDIT BALANCE LYING AT RG23A PART II NOW WE MANAGEMENT HAS DECIDED TO SURRENDER CENTRAL EXCISE SO PLEASE GUIDE ME HOW WE SHOULD GET REFUND OF THIS BALANCE CREDIT IS THERE ANY PROVISION TO GET CASH FROM GOVERNMENT ( FEW GOV OFFICERS TOLD US TO APPLY RULE 10A BUT WE DONT HAVE OTHER UNIT TO TRANSFER CENVAT CREDIT SO PLEASE LET US KNOWN PROCEDURE TO GET CASH REFUND FROM CENTRAL EXCISE DEPARTMENT

The only way to claim refund of accumulated credit balance arising due to exports made under Letter of undertaking is by resorting to the provisions of Rule 5 of the Cenvat Credit Rules, 2004 read with notification no. 27/2012-CE (NT) dated 18.06.2012. However, the refund claim filed by you may be rejected as time barred because the department contends that the refund is to be filed within a period of one year from the date of let export order as per the provisions of section 11B of the Central Excise Act, 1944. But, there are decisions of High Court of Gujrat that there is no time limit to file refund under Rule 5 of the Cenvat Credit Rules, 2004. Accordingly, as the matter is controversial, you may file the refund claim under Rule 5 of the Cenvat Credit Rules, 2004 by placing reliance on the decision given by the Gujarat High Court in the case of CCE Vs Swagat Synthetics [2008 (232) E.L.T. 413 (Guj)]. {Query replied: CA Neetu Sukhwani}

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