Central excise

Where you are a new manufacturer you can claim SSI exemption, where you  won't be required to pay duty upto the removals amounting to Rs. 150 lacs, provided the conditions given in the exemption notification are satisfied. But in that case you would not be able to take CENVAT credit on inputs, Capital Goods & input services as a condition for claiming exemption.

In other case where you opt not to avail the benefit of such exemption notification you can get  registration with central excise department and avail CENVAT Credit. CENVAT Credit can be claimed on the basis of documents as described in Rule 9 of Cenvat Credit Rules, 2004. Previously maintenance of RG 23 registers was mandatory for claiming CENVAT Credit. RG23 A & RG23 C were records of CENVAT credit availed & utilised. But now maintenance of such records is not mandatory.

Rule 9 (5) & (6) of the above said Rules are produced below:

"(5) The manufacturer of final products or the provider of output service shall maintain proper records for the receipt, disposal, consumption and inventory of the input and capital goods in which the relevant information regarding the value, duty paid, CENVAT credit taken and utilized, the person from whom the input or capital goods have been procured is recorded and the burden of proof regarding the admissibility of the CENVAT credit shall lie upon the manufacturer or provider of output service taking such credit.

(6) The manufacturer of final products or the provider of output service shall maintain proper records for the receipt and consumption of the input services in which the relevant information regarding the value, tax paid, CENVAT credit taken and utilized, the person from whom the input service has been procured is recorded and the burden of proof regarding the admissibility of the CENVAT credit shall lie upon the manufacturer or provider of output service taking such credit."

Hence, when required the manufacturer will have to proof the eligibility of CENVAT credit availed & utilised.

Please check the link below for more details:

https://www.cbec.gov.in/excise/cxrules/new-cenvat-rules.htm

Hello. Sir.. Can you please resolve the below query ?

We have started our manufacturing unit in 2010 & we have not registered ourself as Excise unit.

90% of our inputs good come with Excise Invoice. Now we have decided to take Excise registration no.

1) Can we avail Cenvat Credit for the good purchased in last fiscal ?

2) While taking excise registration no is it necessary for us to make the all the stock zero ?

Regards

Kalpesh

Hello. Sir.. Can you please resolve the below query ?

We have started our manufacturing unit in 2010 & we have not registered ourself as Excise unit.

90% of our inputs good come with Excise Invoice. Now we have decided to take Excise registration no.

1) Can we avail Cenvat Credit for the good purchased in last fiscal ?

2) While taking excise registration no is it necessary for us to make the all the stock zero ?

Regards

Kalpesh