Cenvat credit

This query is : Resolved

A.Barli (Querist)
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25 August 2011 for removal under rule 3(5) and 3(5A),

rule 3(6) says cenvat credit available as if duty paid by the person who removed the goods.

isn't the manufacturer the one who removes the input.or capitalgood

thank you

PAWAN KUMAR

PAWAN KUMAR (Expert)
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25 August 2011 The amount paid on removal of input and capital goods as such or capital goods as waste and scrap under 3(5) and 3(5A) shall be available as cenvat credit if the sender has either reversed the cenvat taken or paid the duty on the transaction value.

A.Barli

A.Barli (Querist)
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25 August 2011 So the sender first takes the credit,

then reverses or pays it as per rule 5A or 5 on removal

and then again takes credit for which duty is paid or reversed???

U S Sharma

U S Sharma (Expert)
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01 September 2011 @ Barli

1st point .......... capital goods input credit is available to Manufacturer of Exisable goods on which excise duty is payable / Taxable service provider , NOT TO SENDER

when its capital goods, obviously its a factory or industrial unit.

a) factory takes input credit on capital goods.

b) after certain period if factory wish to dispose the machines (capital goods), it will reverse / Pay duty under rule 3(5) or 3(5A) and clear the goods from the factory premises to somebody else, i.e the capital goods are sold.

c) when the capital goods are sold/ removed from factory, how the factory will take credit of duty reversed under rule 3(5) or 3(5A)? its available to the next person (buyer) only who has taken the capital goods from the factory.

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