We had sold a capital equipment to our customers which had an excise duty element @ 16%. Since our customers could not implement their proposed expansion plans, the machinery remained largely unused. They want to resell it to us now and since we can suitably modify and offer for sale to a different customer, we have agreed.

The price has been settled . The customer however claim that 16% excise duty has to be levied since the same was bought at 16%. Is their contention correct? if so are we eligible to take input cenvat credit @16%?.

Dear Sir,
I want to ask whether new unit can avail the cenvat Credit on capital goods 100% in the year of its establishment after insertion of third proviso to Rule 4(2)(a) of cenvat credit rule 2004 w.e.f 1-4-2010.
proviso says like this -- assessee eligible for SSI exemption can take 100% credit.
and explantion make it clear- eligible means units having turnover of less than 400 lakhs in preceding financial year.
Now my question is that if any person starts a new unit whether small or a big, his turnover in the last financial year would be less than 400 lakhs. So Whether it can take the whole credit in the year of establishment as unit eligible for SSI exemption.
plz help.

from where can i get the whole judgement of this case law with facts etc...





Jaya Singh Vijaya Jhaveri 2010
Is the want of evidence from foreign supplier enough to cancel the confiscation order of goods undervalued?-----can’t cancel the confiscation order or[court upheld [supported] confiscation order]

The Court considered it be illogical that a person [supplier]who was a party to undervaluation would give evidence to the Department to prove the case that the invoice raised by him [supplier] on the respondent was a bogus one and that he[supplier] had received underhand payment of the differential price


for eg----the importer had paid royalty to Mr C & this amt is not included in foreign supplier's bill it means undervaluation.in the above case law differential price means this royalty amt

According to my knowledge Cenvat is modified name of Modvat. Cenvat is Central value added tax. It ia a setoff scheme of input credit.

Please tell me the actual difference?

Warm Regards,
Jyoti

Sir,

Whether trading turnover will calculate for Rs. 150 lakhs turnover limit for Garment tags made from paper board

Regards

Aniket

I just want to know our excise department wants the value of inputs involved in Export Derived from input output ratio. Does this means major input used in manufacture of Export products

please advise

One of our client is importing some plywood sheets from Malaysia on which the client is paying Custom duty which includes CVD (in lieu of excise). These sheets do not have any brand on them. However, now our client wants to affix its own brand in these sheets, after they are imported into India.
Kindly advise if it would attract any excise duty....

Dear Sir/Madam
My questions are:
01.Is power used for captive consumption liable to excise duty?
02.Can we avail cenvat credit if 80% power used for captive consumption and 20% sold to outside party?
03.What are required documents to be maintained for the above two purposes?

hello friends,

i am unabe to understand "whether ceavat credit can be used for paymentf of service tax on goods transported by road as consignor or consignee."

some explain me, if possible with the help of an example.

Thanks in advance

Dear All,
Pls update is online filing the excise return is required or we can file manual return

rgd
Amar