damage for excise

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Prakash (Querist)

25 March 2009 We have given 50 pcs fmcg excisable product to our retailer customer. But after few days they return 10 pcs damge without excise invoice. We have replaced 10 pcs through excisable invoice. But my question is if retailer customer have no excise reg. no. how they issue excisable invoice & how will we get cenvat credit ? can I take cenvat if retailer not giving excisable invoice ? can u tell me any notification for this?

Badri Kharat

Badri Kharat (Expert)

25 March 2009 you can receive back that goods on delivery challan. for taking credit on that goods you have to maintain separate record for that goods and keep that goods apart form normal goods.
for any more procedural aspect you can contact me at +919850888350

CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)

26 March 2009 In my view you can take CENVAT credit though the retailer customer is not registered under Central Excise Act, 1944. Rule 16 of Central Excise Rules, 2002 would apply in these circumstances.

Hope the above clarifies you
hanumatha@gmail.com

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