Rule 3 (5b) of cenvat credit rules
This query is : Resolved
02 September 2014
Rule 3(5B):
"Where the value of any input or capital goods (before being put to use), on which Cenvat credit has been taken, is written off fully or where any provision to write off fully has been made in the books of account, the manufacturer shall pay an amount equivalent to the Cenvat credit taken in respect of the said input or capital goods. Recredit is possible where the goods are subsequently used in manufacture of final products."
My query: Ex. inputs purchased for 1lakh and duty paid is Rs. 10,000 and CENVAT credit is availed for Rs. 10,000 subsequently 70,000 of inputs is written off was written off. Now duty payable would be Rs 7000 or Rs. 10,000 i.e CENVAT availed. The wordings say that "in respect of the said goods". Now does the said goods does it mean the written off goods then payable would be Rs. 7000 else if said goods means the entire input then Rs. 10,000 would be payable. Am i right?
"Where the value of any input or capital goods (before being put to use), on which Cenvat credit has been taken, is written off fully or where any provision to write off fully has been made in the books of account, the manufacturer shall pay an amount equivalent to the Cenvat credit taken in respect of the said input or capital goods. Recredit is possible where the goods are subsequently used in manufacture of final products."
My query: Ex. inputs purchased for 1lakh and duty paid is Rs. 10,000 and CENVAT credit is availed for Rs. 10,000 subsequently 70,000 of inputs is written off was written off. Now duty payable would be Rs 7000 or Rs. 10,000 i.e CENVAT availed. The wordings say that "in respect of the said goods". Now does the said goods does it mean the written off goods then payable would be Rs. 7000 else if said goods means the entire input then Rs. 10,000 would be payable. Am i right?
Arun Kumar Singh
(Expert)
02 September 2014
You need to reverse only 7000/-.
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