a query of exise duty

RITESH KHANDELWAL (Corporate Taxation) (168 Points)

23 December 2008

Hello all,

I w'ld like to know can i , being a buyer, claim cenvat credit of excse duty if materials are bought from a second stage dealer? Plz justify

Thanx.

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3 Replies

CA. MUKESH KUMAR (CHARTERED ACCOUNTANT) (183 Points)
Replied 23 December 2008

yes ,u can take credit on purchase from second stage delar. as per CENVAT CREDIT RULE 2004

Prachi (Service) (83 Points)
Replied 23 December 2008

Hi Ritesh,

Yes, you can claim cenvat credit of materials bought from second stage dealer.

Regards,

Harshad N Godbole (Article Clerk) (26 Points)
Replied 23 December 2008

Under Rule 9(1)(iii) of Cenvat Credit Rules 2004 -

"the CENVAT CREDIT shall be taken on the basis of FIRST STAGE or SECOND STAGE DEALER invoice"

A second stage dealer also has to issue invoice under Rule 11 of the Central Excise Rules, 2002

Thus considering the above provisions you can definately take the credit of cenvat / excise paid to a Second Stage Dealer

Thanks

Harshad N Godbole

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