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tamil (executive)     15 April 2013

Central excise query help me

Dear Sir/Madaacm,

 

I am tamilmaran.i am working in Manufacturineg unit in chennai and we have another three  units in thiruvallur,erode,tiruvarur.

Query 1:

 credit on capital goods availed based on invoice issued prior to date of registration  and 100% credit availed during the next financial year.

Any Rule is there to avail cenvat before registration.

Query 2:

we purchased material in the name of M/s Sharadaa ceramics-chennai and Material Delivered M/s  Sharadaa Ceramics-Erode.I have issued Material Transfer Note for transferring material.Now Central Excise People ask a query "Credit availed based on Material Transfer Note which is not a valid document as per rule 9 if Cenvat Credit rules,2004".We need Any Rule is there to avail cenvat credit  where the material is delivered.

Kindly help me.

Regards,

R.TAMILMARAN,



Learning

 1 Replies

Piyush Singh (Partner)     10 July 2013

Answer for Querry 1...dear there is no condition for registration regarding availment and utilisation of credit . for your satisfaction i am refering you latest tribunal decision in the relevant case of  WELL KNOWN POLYESTERS LTD. (2012)  it was held that registration under excise isn't necessary for taking credit .for goods manufactured when the assessee is unregistered, credit can be taken  subsequently... for more detail you may refer Dharampal Satyapal ltd case (SC)


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