Cenvat Credit

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This query is : Resolved

Sanjay Sharma (Querist)

16 October 2008 My earlier company has been amalgamated with some other company and we have surrendered the Central Excise Registration to the department in the month of Sep-08 and on the 1St Oct’08 we got registered the company in the new name with new ECC number.

Further, there were some material in transit at the time of amalgamation process billed in the name of my earlier company form the suppliers.

My Query is –
1.If we receive the material in the month of Oct-08, can we take the Excise duty credit paid on the said material ?. If we can not take then what is the procedure to handle this issue, how do we satisfy to our suppliers ?.

2.As per the normal practice we take the duty credit on our own invoice (because our dealers and stockiest are not registered with Central Excise department, so they can not raise excise invoice for the sales return) accompanying with the Sales Return material.
3.Now, the company name has been changed with new ECC number, whatever SRN ( Sales return) we receive, it would be in the name of the earlier co (from which already billed). In this condition can we take the duty credit on SRN (Sales return ) or not ?.

Pls clarify