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RAGHUVIR (director)     04 October 2010

cenvat rebate issues- wrong filing

we are a sme based in chennai , exporting approx 95 % of our turnover

we are buying raw matrerial locally paying excise and clearing the goods for export under ARE1

we are applying for rebate using EP and ARE copy along with Form C

By mistake during one of our submissions we submitted with form 19 9LUT) instead of form c

We recalled the submitted application and resubmitted using form c

during this process some clearances have become time barred(  application more than 1 year from date of shipping bill) and dept denied rebate 

We requested personal hearing and explained the facts but dept did not accept contending that either wrong filing or late filing will result  in denial of rebate.  The matter is now in adjudication. The amount involved is Rs7 Lacs.

Is there a relief to this situation, there do not seem to be past cases of this nature

thanks in advance

raghuvir



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