Cenvat Credit Taken
This query is : Resolved
CA. Shwetank Vats
(Querist)
07 March 2009
Hello,
1.One Vendor(A&Co.) import 100 Qty. of raw material and pay CD&CVD though bill of entry.
2.After import A&Co supply the same material sales to B&Co through their 5 invoices 75 Nos., but A&Co not register under Excsie i.e.Regn.number not taken by A&co.
3.A&co also send the bill of entry copy after endorsement to B&co.
Sir, My Qyery is as below:-
(a)Can B&Co. take cenvat credit on A&Co invoices in this case that A&Co is not regn. under Excise.
please reply urgently.
Regards
1.One Vendor(A&Co.) import 100 Qty. of raw material and pay CD&CVD though bill of entry.
2.After import A&Co supply the same material sales to B&Co through their 5 invoices 75 Nos., but A&Co not register under Excsie i.e.Regn.number not taken by A&co.
3.A&co also send the bill of entry copy after endorsement to B&co.
Sir, My Qyery is as below:-
(a)Can B&Co. take cenvat credit on A&Co invoices in this case that A&Co is not regn. under Excise.
please reply urgently.
Regards
CA.SHAHZAD SAYYED
(Expert)
08 March 2009
for charging the Excise in invoice one must be Registered under Excise Act, since in your case A & Co. is not Registered so it can not Collect the Excise from B & Co.
Similarly one can not take Cenvat Credit if it is not Registered under Excise
following are conclusion
1)A & Co. can not take Cenvat Credit for CVD paid under Rule 3(1) on import of Goods
2)A & Co. can not collect the CD & CVD from B&Co. separatly
3)B & Co. even if Registered under Excise it can not take Cenvat credit on supply of Goods from A & Co. because it didn't paid any duty because it purchases the Goods from UN-REGISTERED DEALER
Similarly one can not take Cenvat Credit if it is not Registered under Excise
following are conclusion
1)A & Co. can not take Cenvat Credit for CVD paid under Rule 3(1) on import of Goods
2)A & Co. can not collect the CD & CVD from B&Co. separatly
3)B & Co. even if Registered under Excise it can not take Cenvat credit on supply of Goods from A & Co. because it didn't paid any duty because it purchases the Goods from UN-REGISTERED DEALER
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