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Register for return of duty paid goods

Divya (SAP Consultant) (28 Points)

12 February 2009  

Dear All,

Please clarify in case of the Return of duty paid goods on factory, in addition to the CENVAT treatment where sould the stock be recorded?

a) Are they recorded in RG-1(DSA) or D-3 Register?

RG-1 is the register to record the manufacture of excisable goods and their subsequent removal from factory. Now in case of Sales return, the goods are not actually manufactured, so should they be recorded RG-1?

If they are to be recorded in D-3 register, please provide details about this register like its format and purpose etc.

Thanks.

 

 

 


 10 Replies

Rajesh Kumar (Advocate- Tax) (7796 Points)
Replied 12 February 2009

The returned goods are deemed input and the assessee is required to take credit on that. Thus cenvat register is sufficient to record them.

They should not be entered in RG-1 register.

D-3 is not a register but an intimation. Under Rule 16 no intimation is required if the goods are returned with duty paying documents. If the goods are not returned with duty paying documents, the credit of duty can be taken on the triplicate copy of the invoice available with the assessee himself.

1 Like

Divya (SAP Consultant) (28 Points)
Replied 19 February 2009

Thanks Rajesh for your quick reply

Is there any legal circular/notification/clarification where I can find reference for this?

Rajesh Kumar (Advocate- Tax) (7796 Points)
Replied 20 February 2009

Certain instructions has been issued under Rule 16. Although the rule itself is very clear and no clarification is required on that.

1 Like

Divya (SAP Consultant) (28 Points)
Replied 20 February 2009

Thank you rajesh.

hari (excise incharge) (95 Points)
Replied 22 May 2009

Originally posted by :Divya
" Thank you rajesh. "


 

Sir, I want to know that  during the time of sale against the returned goods whether we have to pay duty @ the same rate  which we have taken even if the rates of the material has been lower than the original sale please advise.


(Guest)

Sir, I want to know that  during the time of sale against the returned goods whether we have to pay duty @ the same rate  which we have taken even if the rates of the material has been lower than the original sale please advise.

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Arun Kumar Singh (GST Advocate) (14895 Points)
Replied 04 June 2009

Dear Mr. Nelson, You will take credit at the rate of sale ammount.

Vijay Kumar (Job) (41 Points)
Replied 11 July 2009

Dear Sir,

We supplied 80 tons of Iron material to one vendor along with Excise Invoice. But he has taken only 60 tons remaining he ask us take back. But he is not acknowledge for the same. In this case how we will get the cenvat credit ..? what is the procedure ..? how we will adjust the balance 20 tons ED.

Pl.clarify in details along with   sale return process.

 

Thanks & Regards

Vijay Kumar

 

Sushma Mevacha (Executive) (394 Points)
Replied 16 July 2009

In this case I think Your Vendor will face the same problem as they hv the excise Invoice of 80 ton while the originally hv received the 60 ton. You should cancel the earlier Invoice & raise the new invoice for 60 tons.

 

 

 

 

 

Or you vendor can return your 20 ton by making as such invoice along with the Excise Duty details .. In this can U will receive your rest material & take credit of Duty..

 

 

 

 

 

 

 

 

 

Hope it is clear .. Waiting for experts comment..

 

 

 

Rajesh Kumar (Advocate- Tax) (7796 Points)
Replied 16 July 2009

Ask the vendor to return 20 Tonnes on a challan, received it in your factory and take credit under Rule 16 proportionately based on triplicate copy of the invoice availale on his factory.

Excise invoice cannot be cancelled with this musch delay, particularly when the goods has already been cleared from the factory.


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