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Cenvet credit transfer

Others 585 views 1 replies

MY QUESTION IS THAT IF SOME ONE IS SHIFTING HIS N UNIT FROM  ONE PLACE TO ANOTHER, THEN THE PERMISSION FROM EXCISE INSPECTOR REGARDING TRANSFER TO CENVAT CREDIT  SHALL BE ALLOWED OR NOT

Replies (1)

Nice Question,

Kindly refer rule 10 of cenvat credit rules for greater clarity.

10(1) if the factory is transferred, or there is a change in ownership or on account of sale/merger/amalgamation/LEASE/ or transfer to a JV (WITH THE SPECIFIC PROVISION FOR TRANSFER OF LIABILITIES) then cenvat credit UNUTILISED is transferred

10(2) for service providers...same details as above..

10(3)credit available if- if input/capgoods are also transferred with the business premise or factory and they are accounted for to the satisfaction of AC/DC 

 

P.S

 

My opinion- if there is a doubt-

Rule 10(3) is to be read without prejudice to the availibility of credit of input service, taking cognisance of the fact that rule 10(1)/(2) refer to cenvat credit as a whole.


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