Excise modvat

806 views 3 replies

sir,

please let me know in the following case,

 

A IS A MANUFACTURING UNIT REGISTERED IN EXCISE . A SELLS GOODS TO B , WHERE B IS A DEALER NOT REGISTERED IN EXCISE. B SELLS GOODS TO C , WHERE C IS REGISTERED IN EXCISE AND USE THE GOODS MANUFACTURED BY A AS RAW MATERIAL.

 

A SELLS GOODS TO B , ISSUES INVOICE IN THE NAME OF B BUT DELIVERY ADDRESS AT C FACTORY. B ALSO ISSUE HIS INVOICE IN THE NAME OF C AND ATTACH THE BILL OF A ALONG WITH.

 

NOW WHETHER C IS ELIGIBLE FOR EXCISE MODVAT.

 

NOTE : B IS NOT REGISTERED IN EXCISE , WHETHER MODVAT CAN BE TRANSFERRED VIA B, IF JUST DELIVERY ADDRES IN BILL IS OF C FACTORY

 

THANKS IN ADVANCE

Replies (3)
Yes provuded in excise invoice issued by a to b c is mentioned as consignee and b as buyer further trans port copy of a s invoice should be sent to c this concept us known as transit sales in excise

Definately yes. Absolutely agreed with Ashish.

Option 1- C can take cenvat credit based on transporter copy of excise invoice with c's name as consignee and B as buyer.

 

Option 2- If A keeps B's name as consignee and buyer on invoice, then in order to take cenvat credit by C, B must be a registered as excise dealer to pass on cenvat credit. B Has to raise invoice in compliance with Rule 11 of Central Excise Rules.

 

Thanks and Regards,

Manoj B. Gavali

 

 


 

What if 'B' is not a registered dealer in excise, whether modvat can be transferred from A to B if consignee is C

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