Passing of modvat


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Querist : Anonymous (Querist)
08 March 2013 we are a regd.VAT dealer under state commercial tax deptt. we are buying certain excise duty paid product. we do not claim any MODVAT as we resell the goods to our interstate customer. Can we pass MODVAT credit available to us to that customer? we are not regd. under excise. our yearly T.O. is below Rs.50 lakhs.
is it necessary for us to be a regd.dealer with central excise to be able to pass MODVAT credit to our customer or we can do it simply being just a VAT dealer with Commercial Tax Deptt?

Dayal (Expert)
08 March 2013 excise duty can be passed only if you are registered as first stage dealer. Otherwise it cannot be passed

09 March 2013 Only manufacturer can take the cenvat credit and utilised. Register dealer can pass the cenvat credit.


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