About replacement of defective goods

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This query is : Resolved

mohit arora (Querist)

07 March 2013 Dear Sir,
I am working in an EOU,We just Received a RM against PC from Harmec Medical Ireland.before give product to production room,we get our rm checked by QA,but during QA we found our rm is not well,we talked to our Vendor,they are ready for the replacement,so we file a permission regarding that in excise office(supdtt tech),but now they are providing us the permission with payment of duty,is they is any Notification for this ? can u tell me the solution as soon as possible ? n i told them circular 60/99 Cus. dated 10.9.1999.but they were not agreed,

Rajeev Kumar Garg

Rajeev Kumar Garg (Expert)

08 March 2013 YOUR QUESTION HAS SOME DOUBTS AND IT IS VERY CONFUSING.
WHETHER YOU HAVE PROCURED YOUR MATERIAL FROM D.T.A. OR IMPORTED.
IN EXCISE, NO RULE IS DEFINED FOR REPLACEMENT. REJECTED GOODS CAN BE RETURNED TO VENDOR OR SENT TO THEM FOR REPAIRING OR FOR MODIFICATION ETC.
IF YOU HAVE TAKEN CENVAT CREDIT ON YOUR INPUT, YOU WILL HAVE TO REVERSE THE CENVAT CREDIT ON RETURNING THE GOODS TO VENDOR.
FURTHER,YOU CAN SEND IT BY FOLLOWING THE PROCEDURE OF JOB WORK FOR REPAIRNG ONLY.

Thanks.
Rajeev Kr. Garg
(Consultant, Customs, Central Excise & Service Tax)
Ph. 7500802402

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