Cenvat credit -frist stage dealer

hello dear frnds

(plz give ur valuable suggestion in terms of given points by point with relevnt rules of CCR as per 2012-2013)

Case related with Frist stage dealer.

1.Let say A dealer of hero motorcycle purchase bykes from hero moto corp.(gugaon) for same dealer pays

   excise duty on motor cycle to manufacture.whether dealer eligible to book such duty as CENVAT or Not?

 

2.Dealer also pay service tax on the showroom equipments such as telephone,internet charges etc

   whether he is eligible to book credit .

 

3.Dealer also provide services facilty of motorcycle at their own service station(Attch with showroom building)

   on such services they charge service tax frm customer. Now whether they take cenvat credit for the tax paid in  Point 1&2.

 

Replies (2)

no they cannot take a cenvat credit .

1. in excise duty he has to pay the duty as per excise and custom act and if in criteria it fits they can enjoy credit under excise.

2. No dealer cannot claim service charge on the services such as telephone,internet charges etc

So overall they cannot charge CENVAT credit ..

 

Regards ,

Ankit

 

Dear Ankit,state reason why Frist stage dealer not eligible to book credit...in my opinion he is eligible..need more expert suggestion

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