Cenvat Query .....Very Urgent

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Dear All

1.Can we avail the credit of Weigh Scale vide HS No.84232000/8423000/84238190 .

2. We have purchase "Comvac Vaccum Machine (vaccum cleaner)" for the use to remove waste powder from scurbber,

  We take the credit of that item.

Please give me suggestion & any notification or rule.

Thanks in advance.

Replies (12)

unless u specify the principal nature of your activity in manufacture under excise, one cant give opition. 

as far as i got your question you shoudl be able to get the credit ..

Definitely.. you will get the cenvat credit for the amount of excise duty which you have paid on the wheight scale..

Dear JItesh,

           Your Asset falling under the chapter 84 of CETA 1985. So the asset is a Capital Goods under Central Excise Act.

So you can claim maximum 50% of the Input Credit in the year of receipt of Capital Asset & balance in the next  year. Please make sure that the asset is used in the Factory & not in the office, otherwise credit will not be allowed.

Plz correct if i m wrong

 

Thanks 

Vishal

 

8423 WEIGHING MACHINERY (EXCLUDING BALANCES OF A
SENSITIVITY OF 5 CENTIGRAMS OR BETTER), INCLUDINGWEIGHT
OPERATED COUNTING OR CHECKING MACHINES; WEIGHING
MACHINE WEIGHTS OF ALL KINDS
8423 10 00   - Personal weighing machines, including baby u 16%
scales; household scales
8423 20 00   - Scales for continuous weighing of goods u 16%
on conveyors
8423 30 00   - Constant weight scales and scales for u 16%
discharging a predetermined weight of
material into a bag or container, including
hopper scales
- Other weighing machinery:
8423 81 -- Having a maximum weighing capacity
not exceeding  30 kg :
8423 81 10 --- Beam scale u 16%
8423 81 90 --- Other u 16%

i asked your principal nature of activity, coz 3 type of scales, out of which two are uncomon, 

@ Dear U S Sharma..

   Plz elaborate your answer..Can Me Jitesh take Credit on these goods?

These goods are capital goods or not?

 

Thanks

Originally posted by : vishal kapoor

@ Dear U S Sharma..

   Plz elaborate your answer..Can Me Jitesh take Credit on these goods?

These goods are capital goods or not?

 

Thanks

 

  • ofcourse these items are capital goods, and qualify for input credit, mere chapter heading qualifying capital goods, does not allow the assesee to take input credit, unless its used for production of taxable goods or service.
  •  
  • computers/ airconditioners/ counting machines are also in chapter 84, but credit is not possible, coz these goods does not relate to manufacture or service. 
  •  
  • mere buy of weighscale does not qualify for capital goods input, unless the assesee declares that this is required for production or service, and normal production flow can not be completed without this machine. 
  •  
  • Hope next query from your side will be with details also :)

Thanks to All.

The Weigh Scale is Readability -200g, & Capacity -2000 kg with platfrom size 800mm x 1200 mm

Material Descripttion is "IND 780 (P) -2000 (CL Tonner) Weigh Scale

Originally posted by : jitesh

Thanks to All.

The Weigh Scale is Readability -200g, & Capacity -2000 kg with platfrom size 800mm x 1200 mm

Material Descriptttion is "IND 780 (P) -2000 (CL Tonner) Weigh Scale

here i have not asked the weight scale desciption but the line of production where the weight scale is to be used. proper queries and solutions will avoid further misunderstandings. 

 

Dear Mr U S Sharma,

                                     I think if computer / air conditioner  installment in the factory & process amounts to manufacture, then person can take the credit on those goods.

Originally posted by : vishal kapoor

Dear Mr U S Sharma,

                                     I think if computer / air conditioner  installment in the factory & process amounts to manufacture, then person can take the credit on those goods.

these items are in negetive list, and lots of arguments are still going on for such issues, 

 

in a nutshell the assessee has to establish the requirement / utility of capital goods towards production of taxable goods or services, and have to establish also that without these capital goods the service or goods cant be produced.


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