Sudhakar Reddy T
16 December 2009 at 13:55

Shifting of capital goods

Dear Sir,
We have a manufacturing unit under one excise range. And we are planing to open another production unit, it is comming under renge 2, and also we are shifting some machinery from unit-1 to unit-2,in this regard to whom I need to inform like we are shifting the machinery. And where I need to get to permission to move on. One more on shifting machinery we are already taken Cenvat Credit.

Please give right direction how to do and how need get permission.


Observer

What is the criteria for judging whether Cenvat should be availed as input or capital goods? As per definition capital goods are goods falling under tariff head 82, 84 etc. Should we stick to that and take credit of goods falling under these heads as capital and rest as input or is there any other criteria? What would be the case if a manufacturer manufacturing goods has his raw material falling under these heads (82, 84 etc)? Kindly quote refernce.


Pradeep
15 December 2009 at 15:21

Transfer of cenvat credit under LTU

I seek your advice and guidance regarding transfer of cenvat credit under LTU.

Company 'A' is a registered manufacturer for products falling under CTH 85. They have unutilised cenvat credit and want to transfer a portion of it to their other manufacturing unit producing goods under cth 50. Request your clarification please.


CA Ysil Karunai
15 December 2009 at 11:22

Order of claiming CENVAT credit

Dear Sir,
Consider this example": for the month of april 09:
1. Input on Capital Goods Rs. 500000(Assume 50% already utilised)
2. Input on purchase, duty paid Rs. 50000
3. Input on service tax, tax paid Rs. 15000.
now,
Duty payable for the month of april for removal Rs. 325000
Calculation:
Total duty paid Rs. 325000
Less:
CENVAT on
- Purhcase Rs. 50000
- CG Rs. 275000
Paid through PLA Nil
Query:
1. From the above calculation, whether CENVAT credit can be claim without claiming of service tax input (assume service tax paid for input services is eligible for CENVAT credit). if yes, Input tax paid on service tax can be avilabe for CENVAT credit for subsequent month or period?
2. is there any priority or order for caliming CENVAT credit on Duty payable goods?


CA Ysil Karunai
15 December 2009 at 11:20

CENVAT credit

Dear Sir,
When goods are removed from a factory for a sale say Rs. 10000 duty paid.
Subsequently say within 3 months the goods are return back to factory from a buyer for some reasons.
Query:
1. whether CENVAT credit taken by a buyer should be reversed?
2. if yes, whether fully and at what time?
3. Suppose, duty collected by a seller was paid to Govt. in case buyer ask for refund for the whole amount including duty paid for returned goods, what is the treatment for in case of seller and buyer?


CA Ysil Karunai
14 December 2009 at 15:47

Order of claiming CENVAT Credit

Dear Sir,
Consider this example": for the month of april 09:
1. Input on Capital Goods Rs. 500000(Assume 50% already utilised)
2. Input on purchase, duty paid Rs. 50000
3. Input on service tax, tax paid Rs. 15000.
now,
Duty payable for the month of april for removal Rs. 325000
Calculation:
Total duty paid Rs. 325000
Less:
CENVAT on
- Purhcase Rs. 50000
- CG Rs. 275000
Paid through PLA Nil
Query:
1. From the above calculation, whether CENVAT credit can be claim without claiming of service tax input (assume service tax paid for input services is eligible for CENVAT credit). if yes, Input tax paid on service tax can be avilabe for CENVAT credit for subsequent month or period?
2. is there any priority or order for caliming CENVAT credit on Duty payable goods?


CA Ysil Karunai
14 December 2009 at 15:26

CENVAT Credit

Dear Sir,
When goods are removed from a factory for a sale say Rs. 10000 duty paid.
Subsequently say within 3 months the goods are return back to factory from a buyer for some reasons.
Query:
1. whether CENVAT credit taken by a buyer should be reversed?
2. if yes, whether fully and at what time?
3. Suppose, duty collected by a seller was paid to Govt. in case buyer ask for refund for the whole amount including duty paid for returned goods, what is the treatment for in case of seller and buyer?



Anonymous
14 December 2009 at 12:55

Export Under DEPB Scheme

Dear Sir,

I want to export under DEPB scheme, shall i do the same factory stuffing under self sealing for DEPB Scheme??
could you send me circular No.53/2007 regarding Factory stuffing under DEBP scheme?
Please help me ASAP.
Thanks


hanif
11 December 2009 at 19:00

SERVICE TAX CREDIT

WE ARE REGISTERED MANU. UNDER EXCISE ACT, CAN WE CLAIM SERVICE TAX PAID ON RENT OF REMISES ?. WE ARE NOT REGISTERED UNDER SERVICE TAX PLS. ADVISE


chintz
11 December 2009 at 18:47

Cenvat credit

Is the credit of service tax adjustible against cenvat payable if the credit of an expense say for eg Advertisement which is incurred in april and paid in may but credit of service tax paid is still not availed till december?
What is the time limit of taking the credit of tax paid on inputs ?






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