Cenvat credit
This query is : Resolved
29 August 2011
Please explain Rule 3(6) of CCR.
From what i understood-
The assessee can claim cenvat credit on input or CapGoods. Then he pays cenvat under circumstances of 3(5) or 3(5A).
The he himself is eligible for such credit paid under 3(5) or 3(5A) as per rule 3(6).
Is my interpretation correct?
From what i understood-
The assessee can claim cenvat credit on input or CapGoods. Then he pays cenvat under circumstances of 3(5) or 3(5A).
The he himself is eligible for such credit paid under 3(5) or 3(5A) as per rule 3(6).
Is my interpretation correct?
29 August 2011
Kindly check following link for all the detailed interpretation.
https://www.caclubindia.com/articles/rule-6-of-cenvat-credit-rules-2004-easy-understanding-5058.asp
https://www.caclubindia.com/articles/rule-6-of-cenvat-credit-rules-2004-easy-understanding-5058.asp
30 August 2011
The above post relates to rule 6.
my query is rule 3 subrule 6
my query is rule 3 subrule 6
30 August 2011
assessee claimed input credcit on capital goods Rule 3(1)
once credit is availed, he is liable to pay duty on removal of such capital goods from factory of manufacture under Rule 3(5) or 3(5A)
the next buyer is eligible for input credit of such duty on the strength of invoice issued by assessee.
The assessee himself who have cleared the goods is not at all eligible for credit which is paid under rule 3(5) or 3(5A)
once credit is availed, he is liable to pay duty on removal of such capital goods from factory of manufacture under Rule 3(5) or 3(5A)
the next buyer is eligible for input credit of such duty on the strength of invoice issued by assessee.
The assessee himself who have cleared the goods is not at all eligible for credit which is paid under rule 3(5) or 3(5A)
30 August 2011
I agree with the experts
30 August 2011
Dear expert,
the rule provides credit to the person who removes the goods.
Is not the manufacturer who removes the goods?
the rule provides credit to the person who removes the goods.
Is not the manufacturer who removes the goods?
31 August 2011
removal means clearance to next buyer on payment of duty under rule 3(5) or 3(5A), in excise terms.
The Manufacturing industry who is owner of the capital goods has to clear the goods to next person on invoice.
Rule does not allow the credit to the "person who is removing the goods" but he is eligible for input credit when the machines were 1st brought to his factory as capital goods. (50% in 1st year and balance in subsequent year)
when he removes the goods, he has to pay the duty, and such duty can not be claimed as input credit by himself,
such duty can be taken as input credit by the person who has taken position of the used capital goods after removal from factory under cover of an invoice and duty paid under rule 3(5) or 3(5A)
The Manufacturing industry who is owner of the capital goods has to clear the goods to next person on invoice.
Rule does not allow the credit to the "person who is removing the goods" but he is eligible for input credit when the machines were 1st brought to his factory as capital goods. (50% in 1st year and balance in subsequent year)
when he removes the goods, he has to pay the duty, and such duty can not be claimed as input credit by himself,
such duty can be taken as input credit by the person who has taken position of the used capital goods after removal from factory under cover of an invoice and duty paid under rule 3(5) or 3(5A)
Message likes :
1 times
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Fixe term employment
- Is any professional CA is here please reply
- GST ITC REVERSE
- RCM ISSUE ON RENT AND TRANSPORTATION CHARGES
- Foreign lottery ticket bought online from India: legality, tax and consequences
- Putting a heading on received mail
- Gift Received from nonblood relative
- Tax Audit u/s 44AB for Transport Business A proprietorship is engaged in transportation business and
- Reprocessing of rectification order AY 2025-26
- Section 50-fixed asset-->building ceases to exist
- Consolidated financials
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
