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Excise input credit being unregistered dealer under central

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Querist : Anonymous

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Querist : Anonymous (Querist)
26 May 2017 My question related to excise input credit being unregistered dealer under central excise.
I am vat registered dealer, but not registered under central excise. We resale the material to retailers.

My questions are:-

1. We buy some material from manufacturer (with excise exempt unit) from other state.

Can we take CGST credit of 40% on transitional stock which supplied by ssi unit or sez enjoying excise exemption?

2. We buy some material from importers. They give us invoice with only 2% CST shown.
Can we take CGST credit of CVD & SAD on transitional stock which supplied by importers.

3. We buy the excisable goods from the authorized dealer /distributor of some manufacturer who is also unregistered dealer under central excise. Producer give them Invoice as per central excise rule Basic + excise + cst/vat, but distributor sell the material to us at price including excise (without any indication of excise amount) + vat.

My question, how to avail input tax credit for the closing stock on account of excise already been paid but no value shown as bought from distributor under vat invoice.

Regards,
Sandeep

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Expert : Anonymous

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Expert : Anonymous (Expert)
26 May 2017 1. You cannot take any credit as here exemption has been availed for Excise. 3. You can claim 40% input tax credit.

28 May 2017 Case 1: No input tax credit as the goods have not suffered Excise duty
Case 2: No input tax credit if importer has not passed on the burden of CVD. However if he has passed on the burden of CVD, then yes you can avail input tax credit
Case 3: Yes you can avail input tax credit






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