F . NO . 209/29/99 -CX . 6 Government of India Ministry of Finance Department of Revenue Central Board of Exc… — THE CENTRAL EXCISE ACT, 1944

F . NO . 209/29/99 -CX . 6 Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs Subject: Export --- simplified procedure - re-determination of rebate under Rule12&13 It is directed to say that doubts have arisen relating to the determination of the amount of rebate of excise duty in cases where prices of export-goods are doubted in foreign currency and as Valero excise duty is paid after converting the value in equivalent Indian rupee . Another doubt is that once duty is paid , should rebate be reduced and if the rebate is reduce , can the manufacturer be allowed to take reaccredit of the duties paid through debits in RG-23A Part-II or RG-23C Part-II on the relevant export goods? Yet another doubts is that in case any short payment is detected but the assessee pays the duty prior to sanction of rebate , wether the rebate amount should be reduced? 2 . The Board has examined the matter . It is clarified that in aforementioned case , the duty on export goods should be paid by applying market rate as it prevails at the time the duty is paid on such goods . Once value (in accordance with section 4 of the Central Excise Act , 1944) is determined and duty is paid , rebate has to be allowed equivalent to the duty paid . Board has already clarified in Circular No . 203/37/96 -CX dated 26 . 4 . 96 that AR -4 value is to be determined under section 4 of the Central Excise Act , 1944 and this value is relevant for the purposes of rule 12 & rule 13 . Thus , the duty element shown on AR-4 has to be rebated , if the jurisdictional Range officer certifies it to be correct . There is no question of re-quantifying the amount of rebate by the rebate sanctioning authority by applying some other rate of exchange prevalent subsequent to the date on