I w'ld like to know can i , being a buyer, claim cenvat credit of excse duty if materials are bought from a second stage dealer? Plz justify
CA. MUKESH KUMAR (CHARTERED ACCOUNTANT) 23 December 2008
yes ,u can take credit on purchase from second stage delar. as per CENVAT CREDIT RULE 2004
Prachi (Service) 23 December 2008
Yes, you can claim cenvat credit of materials bought from second stage dealer.
Harshad N Godbole (Article Clerk) 23 December 2008
Under Rule 9(1)(iii) of Cenvat Credit Rules 2004 -
"the CENVAT CREDIT shall be taken on the basis of FIRST STAGE or SECOND STAGE DEALER invoice"
A second stage dealer also has to issue invoice under Rule 11 of the Central Excise Rules, 2002
Thus considering the above provisions you can definately take the credit of cenvat / excise paid to a Second Stage Dealer
Harshad N Godbole