Cenvat Credit

Q.  Assessable value of the inputs in the invoice under the cover of which the inputs were procured from a supplier was Rs. 10, 00,000/-. Applicable Duty and Cess was paid and the credit in full was also availed. However, while scrutinizing the accounts, it was found that account of the said supplier was settled for Rs 8, 00,000/- with full duty and cess. Hence, the auditors contended that   the actual value at which the goods were purchased is only Rs.8, 00,000/-. Therefore, credit should have been taken only on the assessed value of Rs. 8, 00,000/- . The excess credit taken ought to be reversed with interest.

 

      Please suggest

Replies (2)

CENVAT credit when input price reduced after clearance –

Departmental clarifications vide CBEC Circular No

877/15/2008 – CX dated 17.11.08

1. Representations have been received from trade and industry

seeking clarification on the issue whether proportionate credit

should be reversed in cases where a manufacturer avails the

credit of the amount of duty paid by supplier as reflected in the

excise invoice, but subsequently the supplier allows some trade

discount or reduces the price, without reducing the duty paid by

him.

2. The issue has been examined. Since, the discount in such

cases is given in respect of the value of inputs and not in

respect of the duty paid by the supplier, the effect of the

reduction of the value of inputs may be that the duty required to

be paid on the inputs was less than what has been actually

paid by the inputs manufacturer. However, the fact remains that

the inputs manufacturer had paid higher duty. Rule 3 of

Chapter VI : Specified Duties and Taxes Eligible to Credit

61

CENVAT Credit Rules, 2004, allows the credit of the duty “paid”

by the inputs manufacturer and not duty “payable” by the said

manufacturer. There are many judgments of Hon’ble Tribunal in

this regard, which have confirmed this view.

3. In view of above, it is clarified that in such cases, the entire

amount of the duty paid by the manufacturer, as shown in the

invoice, would be available as credit irrespective of the fact that

subsequent to clearance of the goods, the price is reduced by

way of discount or otherwise. However, if the duty paid is also

reduced, along with the reduction in price, the reduced excise

duty would only be available as the credit. It may, however, be

confirmed that the supplier, who has paid the duty, has not

filed/claimed the refund on account of the reduction in price.

 

agree wid yashwant and the ccr on 1000000/- will be allowed which has been paid by the manufacturer, SUPREME COURT CASE OF "MRF" applies here

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