We are ABC pvt Ltd Registered under excise has first stage dealer and doing trading business. we have received order from BBC pvt ltd(BUYER) and wants us to issue excise gate pass in the name of XYZ Ltd(Consignee), XYZ Ltd is registered under central Excise were BBC pvt ltd is not registered under central excise can these transaction be processed without violating excise rules or it is mandatory that BBC ltd should registered under central excise.
ABC pvt ltd can issue the excise gate pass in the name of BBC pvt ltd. It is not mandatory that BBC pvt ltd should be registered under central excise or not. BBC pvt ltd is not registered under central excise then can’t take cenvat credit and registered then availed cenvat credit.
If ABC raises invoice on XYZ , BBC need not register under excise.
Only the consignee to be the registered Dealer / Manufac with C .Ex to claim the cenvat passed on by ABC ltd . XYZ can claim the cenvat only when the material will be sent by any registered Assese.
Vikas Kapoor
Naveen Fintech Pvt Ltd
Kolkata
CA Inter
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Gupta Sachdeva & Co. Chartered Accountants
New Delhi
CA Final
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