We have CENVAT credit a/c DR. balance more than 10 crore and we are not able to avail CENVAT.

We want refund of this CENVAT.(any how)

Please giude me how can we get refund of this huge amount?


Thanx

R/s Sir/Mam
I wana to know that if i received the billed quantity short by 2 or 3 pcs from my supplier out of 2000 or 3000 pcs. In that case should I deduct the amount of cenvat credit taken on the said bill. Similarly what if the material is in kilograms. Is their any section/provision in excise act related to that??

Waiting for earliest reply.

Cenvat credit availment
We got s shipment of 1000 kg from a supplier It is billed for 1000 kg and ED also charged on 1000kgs .But we received only 850 kgs

We can not make any Purchaes Return invoice as we have got only 850kg

On taking cenvat credit how much we need to take whether the whole amount i e., on 1000 kgs as per the supplier invoice document OR only for 850 kgs as recd by us on a prorata basis.

Are Carbide Inserts and End Mills to be treated as "Capital Goods" as per Chapter 82- Tools of the Tariff Act, and only 50% of the credit is to be availed in the year of purchase?
Or As these inserts are used and worn out within a year, due to continuous usage in Machining, it has to be treated at par with Consumables and full credit can be availed?
Please answer with details of the Act, Rules or Notifications.

Regards,
Sriram.

What are the penalties and fines for procedural lapse in case cancelled invoices are not submitted within 24 hours? how can we avoid the penalties?

We are SSI manufacturers diesel engines. Some of our components are bought from SSI vendors on our specific order with our brand name either embossed or casted.

Excise people are demanding excise duty from our vendors because they are using another person brand name.

This is triggered by some Supreme court judgment on brand name issue.

My question to you is whether our vendors need to pay excise duty or not ?

Thanking you in advance.

Kindly advise us what is the penalty levied on late submission of Excise Returns ER-2 and where in the Excise manual we can find the instructions regarding the same.

Please advise

One company is the manufacturer of alluminium foils, He includes outward freight (freight charges paid to transporter for delivery of goods from factory gate to costomer place). He includes outward freight in the invoices and hence the assessable value for the same is also including of outward freight charges. He shows seperately transportation charges on invoices. Please clarify whether freight should be included in assessable value ?. Further my client is eligible for cenvat credit on transportation charges irrespective of consignment/Export/domestic/branch transfers.

Can any one help me the following conditions of Transaction is allowed in the Cenvat cridit rule

'A' is a Second stage dealer registred with Central Excise(Iron and Steel)
'B' is its branch with in the state Registred with Central Excise.
'A' is transfering Goods to 'B' on stock transfer basis.
'B' is issuing CENVAT Invoice to end user
to avail cridit.

If Yes Kindly give me any Notification, Circular,Judgemnets,approval or any other leagul provision (supporting documents)in the rule for approving the above conditions of transaction.

Credit of service tax paid on transporattion facilities used for moving FG from factory to factory depot is available, But what about service tax on GTA used for supply of material to customer at theirt warehouses. Please note that my client is showing freight charges seperately in invoices and also the freight amount is included in the assessment value for excise duty.