Legal Query
We were running a pharmaceutical unit having central excise registration. we have transfered this unit on last 31st march 2006 with all assets and raw material. at the time of our control we have imported some raw material against advance licenses but due to suddenly change in ownership, we could not fulfill export obligation. & consequently we were liable & deposited customs duty & interest as per direction of Joint DGFT to regularise the Advance Licenses.But we have deposited the same duty after surrender of central excise license. Now my question is as we have deposited the import duty against input imported at the time of running unit and used the same input in manufacturing of final goods, so CVD involved in deposited duty should be treated as Cenvat & it should come under cenvat credit rule. I am seeking your kind opinion whether we are entile to get the refund or transfer of cenvat credit to new owner or not.
2 Answers from Attorneys
Re: Legal Query
yes, contact a lawyer
Re: Legal Query
good evening
well definately yes you are entitled to get the refund in this case.
can you please contact me for further assistance
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