Welcome to Amit Kumar Gupta Advocate

Ask a Query


Client Login

11(RE-2009)/2009-14, Dated: 13/10/2009

GOVERNMENT OF INDIA
MINISTRY OF COMMERCE & INDUSTRY
DEPARTMENT OF COMMERCE
DIRECTORATE GENERAL OF FOREIGN TRADE
Policy Circular No. 11 (RE-2009)/2009-2014 
Date: October 13, 2009
 
To
All RAs/FIEO/ EPCs/DCs of SEZ
 
 
 
 
 
 
Subject:     Reimbursement of Secondary and higher education cess paid on excise duty/terminal excise duty in case of supplies made under deemed exports.
 
In policy circular no 15 dated 4th July 2005 it was clarified that in terms of Para 8.3(b) & (c) of Foreign Trade Policy  2004-09, Education Cess paid along with excise duty for supplies made under deemed export are eligible for deemed export drawback and refund of terminal excise duty subject to fulfillment of conditions mentioned against the relevant provisions.
 
2          Subsequently, after introduction of Secondary and Higher Education cess in the Budget 2007, representations have been received about re-imbursement of Secondary and Higher education cess. The matter was examined and it was clarified vide letter no 01/92/180/92/AM 05/PC VI dated 11th April 2008 that Education cess, including Secondary and Higher Education Cess paid along with excise duty may be refunded subject to fulfillment of  requisite conditions.
 
3          Representations have now been received stating that RAs are taking the view that the clarification of 11.4.08 can have only prospective effect. The matter has been considered. It is clarified that the letter dated 11.4.2008 issued to all RAs was clarificatory in nature and therefore claims filed before that date for refund of Secondary & Higher education cess are also eligible for refund.                    
This issues with the approval of competent authority.
Sd/-
 (Akash Taneja) 
Jt. Director General of Foreign Trade
 
(Issued from F.N o.01/92/180/92/AM05-PC.VI)

 

 
 
Amit R Gupta

Our Services

Insurance Services

We offer comprehensive Insurance Services systems maintained by trained accounting.

Legal Services

 We offer comprehensive Legal Services systems maintained by trained accounting pr.

Investment Services

We offer comprehensive Investment Services  systems maintained by trained accoun.

Finance Services

 We offer comprehensive Finance Services systems maintained by trained accounting .

Due Diligence and Advisory Ser

We offer comprehensive Due Diligence and Advisory Services systems maintained by traine.

Corporate Services

We offer comprehensive Corporate Services systems maintained by trained accounting.

AMITRGUPTA

What We Do

Tax Consulting

We offer comprehensive Tax Consulting  systems maintained by trained accounting professionals. This local service coul...

READ MORE

Due Diligence

Investors, bankers and acquirers rely on Due Diligence as a standard of care during Mergers and ...

READ MORE

Taxation Services

We offer comprehensive Taxation Services systems maintained by trained accounting professionals. This local service could be...

READ MORE