Pradeep Jain - Chartered Accountant

In an export related rebate the exporter has to follow incoterms. Value for claimimg rebate of duty paid goods exported will be transaction value -Sec.4 - Exworks. Suppose transaction value for export is 1Lakh and exporter incurs expense for others for delivery to ship say 50,000/ Now duty payable @ 10 % eExicse duty on transaction vlaue os 10,000/ plus 5,000/ total 15,000/ Now while sanctioning rebate AC orders rebate in cash 10,000/ and in cenvat 5000/ In my opinion this is wrong. Please clarify and i wnat to know your views on this practice followed. By, M.RAM KUMAR, SUPDT OF CE, BANGALORE

The rebate claim should be sanctioned in cash of duty paid by exporter.The "place of removal" as defined in Section 4 says plthat any other place or premises where the excisable are sold then it is "place of removal". If the port is place of removal then duty is payable on sale value on place of removal. Also, as per master circular 97/8/2007, the Cenvat credit is allowed on outward freight if manufacture is able to establish that sale has taken place at destination. Following the same, exporter has to pay the duty upto port if sale takes palce at port. Furhtermore, the transaction value can be less than, equal or more than FOB value of goods as per Chapter 7.1 of Part-II of Supplementary instructions issued by CBEC. Moreover, the assessment is finalised by Superintendent at the time of submission of ARE-1 (within 24 hours of export) as per para 6.3 ibid or para 4.5 of chapter 8. When the assessment is finalised then AC/DC cannot challenge the same unless it is appealed as per Apex Court decision in case of Flocks India. Hence, the assessment done by superintendent is final then duty paid by exorter should be refunded.

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