Reversal of cenvat credit on capital goods

Dear Sir,

If a company claimed CENVAT credit on capital goods ,but later transferred the capital goods on lease (for 3 years ) to its subsidiary.Is it required to reverse the cenvat credit on the so called capital goods?

 

Now subsidiary is using the capital goods for manufacturing finished goods.

According to Act, it says that CENVAT credit should be reversed when the Capital goods are cleared.

 

My query is whether Parent company should reverse the CENVAT credit on Capital Goods ?

 

Will there be any other change if the same are let-out?

 

Suppose in let-out option ,no need of reversal is there ,then  capital goods are not used by the parent co for manufacturing finished goods ,how can it not reverse the CENVAT credit?

 

Please Kindly Explain the Concept.

 

Thanking You

 

Replies (1)

@ Anupama

 

Yes a manufacturing company here in after reffered to as "assessee" gets covered under the ambit of Rule 3(5A) of CCR 2004, when it leases/clear's out it's capital goods as defined under Rule 2a of CCR 2004.

 

There fore it has to reverse it's CENVAT credit availed UNDER BOTH THE SITUATIONS YOU HAVE REFFERED TO.

 

Please see the CENVAT CREDIT RULES(2004) for calculating the amount of reversal of CCR.As per my knowledge it should be as follows:

 

CCR TAKEN IN RESPECT OF CAPITAL GOODS      XXXXX

Less: 2.5% for each quarter or part of the quarter

till the goods are cleared                                          XXXXX

 

Amt of CCR to be reversed                                       XXXXX

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