Can 2nd stade dealer pass cenvet credit to other 2nd stage d
This query is : Resolved
Rohit Mishra
(Querist)
19 December 2009
Suppose i m 2nd stage dealer registered in excise and i want to purchse goods from another 2nd stage dealer.
Que.) can i take the cenvet credit which is passed on by the other 2nd stage dealer ?
If yes please provide the relevent rule or section and the procedure. If not please provide the relevent rule oe section.
Que.) can i take the cenvet credit which is passed on by the other 2nd stage dealer ?
If yes please provide the relevent rule or section and the procedure. If not please provide the relevent rule oe section.
SANJAY JAIN
(Expert)
19 December 2009
The CENVAT Credit Rules,2004 defines only two types of dealer i.e. first stage dealer and second stage dealer. The first stage is defied who purchases either directly from the manufacturer or from his depot/consignment agent.
The second stage dealer has been defined who purchase from first stage dealer.
So the manufacturer is entitled to take credit on the invoices inter alia others, issued either by first stage dealer or second stage dealer. In such circumstances it may be construed that credit admissibility is restricted on purchase from I/II stage dealer.
The second stage dealer has been defined who purchase from first stage dealer.
So the manufacturer is entitled to take credit on the invoices inter alia others, issued either by first stage dealer or second stage dealer. In such circumstances it may be construed that credit admissibility is restricted on purchase from I/II stage dealer.
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Rohit Mishra
(Querist)
20 December 2009
sir but my question is whether i can take the credit of cenvet from the 2nd stage dealer. i have registered as 2nd stage dealer in excise.
S.Siju Gemin
(Expert)
21 December 2009
Dear Rohit,
Since your are not the end user, You cannot utilise Cenvat Credit, you can only pass on the credit to your customer.
Since your are not the end user, You cannot utilise Cenvat Credit, you can only pass on the credit to your customer.
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