Dear Experts,

As per above subject. and definition of 1st Stage dealer and 2nd stage dealer in Excise are as per below :

1st Stage Dealer : Dealers who purchase the goods directly from the manufacturers, his depots or Agents are called the 1st Stage dealer.

2nd Stage Dealer : Dealers who purchase the goods from the above 1st Stage Dealers.

There is no provision or definition given for 3rd Stage Dealer in Excise.

Now My Query is Whether any dealer purchase goods from the 2nd Stage dealer and same credit is passing to end user customer who is also register in excise and availing the cenvat credit facility. In this case can the final user is eligible go get Cenvat credit as he is availing the credit from the 3rd Stage dealer.

As per example :
A = Manufacturer, B = 1st Stage Dealer, C = 2nd Stage Dealer, D= 3rd Stage Dealer & E= End user (Excise Registered)

As per above B is purchasing the goods from A with Excise duty and selling to C,
C is selling the same to D with Excise duty. and D is selling the same to E (End User) with Excise Duty.

Now, Whether E is eligible to get Cenvat Credit ???? As he is purchasing the goods from 3rd Stage Dealer.

Please explain.

Thanks

we are exciseable mfg. unit we purchase m/c capital goods in invoice excise duty charges by party. we are 50% cenvat credit first year and 50% next Financial year.

my query 50% claim cenvat credit we can not charges depreciation and next year 50% duty claim not depreciation in income tax. audit authority said you have full depreciation not claim in excise amount in first year. you have to pay excise duty

for example :-
Purchase Capital Ass. Value FY 1415 Rs. 100000
Excise Duty 12.5% 12500
Total amount 112500

we claim 50% cenvat duty FY 1415 Rs. 6250
and remaining Cenvat Duty FY 1516 Rs. 6250

we Claim depreciation only on Rs. 106250 first year FY 1415 not 50% cenvat credit during FY Cenvat 6250.00 and show in BL. Next year we claim Depreciation FY 1516 only on Rs. 100000/- after remaining 50% cenvat less Rs. 6250.00 which is show in BL.

audit party said you have 50% credit in FY 1415 Rs. 6250/- it is ok but you have not claim depreciation on Rs. 106250.00 you have claim only. FY. 1415 Rs. 100000.00. and he is deny the total credit avail which is FY 1415 Rs. 6250/- & FY 1516 Rs. 6250/- Both Year .

which rule he is deny the credit or any circular pl. provide

devang shah

Dear Sir's/Expert.

We have Purchased the Gear Oil, from the Local (regd. under Excise& VAT) Dealer,

He Charged ED As well as VAT. on the Gearl oil.

As per the ED definition: Sec. 2(k) of the Inputs of Cenvat,: its not specifically included. so i have availed the ED & now the VAT part, as its used in the manufacturing, i am availing as a inputs under TNVAT ACT. Kindly Reply.

Whether i am eligible to avail under Both ED as well as VAT.

it is mandatory for removal of goods under rule 11 against invoice , here invoice means any invoice or only Excise Invoice. If excisable goods removed under VAT invoice may claim benefit of CENVAT Credit?

A Manufacturer used captive generated electricity for its production and for street lights inside the factory, the inputs used for generating electricity is eligible for cenvat credit for above said two cases?


thanks,

Regards,

Senthil

we are an EOU for manufacfturing telecom equipment with 0% Basic Custom Duty, going to make DTA sale under Notification 23/2003-CE dt. 31/03/2003.

http://www.cbec.gov.in/htdocs-cbec/excise/cx-act/notifications/notfns-2003/ce23-2k3

As Sr. No. 2 of aforesaid notification, we are required to pay 50% of applicable custom duty, but 1st proviso says confuses it with normal excise duty and 2nd proviso provides that 1st proviso is NA in case Nil rate of duty under sec 12 of Custom Duty.

What shall be the applicable duty?

Is it 50% of applicable Custom Duty which 8.70% as on?
or
Will be it be normal excise duty i.e. 12.5%

or Since that basic duty is 0% in CTA, it will be again 8.70% i.e. 50% of custom duty

Regards,
Manish

Hello...

I have query regarding applicability of Service Tax and Excise on Embroidery Work done on Computerised Machine...

If any person engaged in Embroidery work which is done on computerised Machine for that sometimes Client will provide specification along with material and sometimes Client select from sample which was provided to client and than place order.

So i would Like to know the applicability of Service tax Law and Excise Law.

I AM MANUFACTURERE, I take cenvat credit on capital goods 50% in first year and also in first year i remove that capital goods removal as such then what about remaining cenvat credit of next year

Sir,

We are registered manufacturing company under excise rule we want to export to nepal consideration should in indian Rupee so what proceture we can follow to complete the export.

Nitin Haldikar

How will you value ED on free samples? For example, Product K, MRP is 30/-, Cost is 15/-, what is the ED payable if we issue free of 100 nos for business development or marketing executives?

How will you incorporate the same in Invoice?

Do we have to really pay ED for these kind of transaction?