Cenvat credit not avalied

This query is : Open

Vikrant Tiwari (Querist)
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03 May 2014 Dear Sir,

We had purchased the machinery long back and during that time the rule of cenvat was not existed so we have not taken the cenvat while purchasing the machines, now we are planning to sell the machinery, the question is whether to pay excise duty or not? if it had to be paid then what will be the procedure.
There are different opinion i am getting from different people so i request you to please assist me in this regard along with notification.

Arun Kumar Singh

Arun Kumar Singh (Expert)
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06 May 2014 No need to pay excise duty at the time of sale if you have not taken cenvat credit.

Arun Kumar Singh

Arun Kumar Singh (Expert)
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06 May 2014 No need to pay excise duty at the time of sale if you have not taken cenvat credit.

Vikrant Tiwari

Vikrant Tiwari (Querist)
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07 May 2014 I am grateful to you for your reply but last time when we have sold the machines and not paid the duty the local superintendent had objected and told us to be ready for show cause notice, so forcefully we had to pay. i went through the manuals but i didn't find any suitable answer on this nit even cenvat rule 3 (5A)
So i request you Sir to please provide me with some backup like notifications etc so that i should be ready to reply the local authorities.

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