Sale of second hand machinery - cenvat credit


This query is : Resolved 

08 September 2011 Proviso to Rule 3(5) provides for levy of CENVAT under CENVAT Credit Rules at 2.5% rebate for every quarter on CENVAT availed on sale of second hand machinery

My query is - say a machine is bought for Rs. 10 Lakhs paying a duty of 10.30% i.e., Rs. 103,000. Now the machinery after being used for one year is sold, for say Rs. 15 Lakhs. Now should the CENVAT duty be Rs. 103000 Less 10% (2.5% * 4) or 10.30% of Rs. 15 Lakhs. Can any one throw light on this issue.

U S Sharma (Expert)
08 September 2011 13.5 Lacs *10.3%

09 September 2011 I think you would have availed 50% of cenvat for 1st year(i.e. 103,000*50% = 51,500). So, 90% of 51,500 is to be paid.
For example:
The said machine was purchased on May 2010, and sold on May 2011. The 50% of credit was taken for the month of July 2010 and remaining for the month of April 2011.
For the first 50% : Jul-Sep, Oct-Dec, Jan-Mar and Apr-Jun(part of quarter too considered) - 4 quarters so, 90%(100%-10%(2.5*4)) of 51,500 is to be paid
For the remaining 50% : Apr - Jun - 97.5%(100-2.5*1) of 51,500 is to be repaid.



You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
Featured ARTICLESHIP 28 October 2026
CA- Inter and Articles

N N V Satish & Co.,

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 22 October 2026
Articleship intern

Srinath Manikanta

Hyderabad

CA Inter

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
ARTICLESHIP 23 October 2026
Articled Trainee

J Y & CO

Hyderabad

CA Inter

View Details
Company
02 November 2026
Audit Executive

SRJP & Co LLP

Kochi

CA Inter

View Details
Company
10 October 2026
Accounts Associate Level 1

Abic and Mani Chartered Accountants

Kottayam

B.Com

View Details
Company
Featured 07 November 2026
Chartered Accountant

DPV & Associates

Chennai

CA

View Details