Cenvat on stock laying before registration for dealer

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anurag hans (Querist)

16 July 2011 Can a dealer in excisable goods could avail/pass on cenvat credit on stock-in-trade laying in his premises before obtaining registration.

Please mention if any specific provision in this regard.

Regards

Umesh Aggarwal

Umesh Aggarwal (Expert)

16 July 2011 No a dealer in exciable goods could not avail cenvat on stock according to cenvat rule 2004 rule 6

anurag hans

anurag hans (Querist)

16 July 2011 Sir, i am not able to understand how you had applied rule 6 of CCR 2004. Rule 6 talks about only availability or non-availability of cenvat credit if final product is exempt.

Further, i want to know whether a dealer is able to pass on duty paid on opening stock-in-trade prior registration.

S.P.Mahanta

S.P.Mahanta (Expert)

16 July 2011 Rule 6 of CCR'2004 deals with Cenvat Credit by manufacturers manufacturing dutiable as well exempted goods.

No bar in cenvat credit on stock in trade in premise before registration.Proper doc: for availment eg: RG23A to be maintained.Availment must be as per doc: referred in Rule 9 of CCR'2004.Passing of cenvat credit to be done on as such basis as provided in sub rule 5 of rule 3 of CCR'2004.

U S Sharma

U S Sharma (Expert)

17 July 2011 goods procured as a unregisred dealer means no entry in manufacturer's house in the dealers registration

what would be opening balance of RG23D for issuing invoice?

if the range officer at the time of dealer registration, allows specifically, the entry in RG23D after scurtiny of manufacturer invoice to enter in RG23D, then only you can issue cenvatable invoice, otherwise not

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