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rajiw kumar sinha (chartered accountant)     17 July 2013

Cenvat credit

WE ARE MANUFACTURER OF CHEMICALS AND MANUFACTURING UNIT SITUATED IN JAMMU & KASHMIR. WE CLEAR GOODS UNDER NOTIFICATION NO. 01/2010-CE DATED 06-02-2010 AND OBTAIN REFUND OF DUTY PAID THROUGH PLA. MY QUEARY IS BUYER WHO PURCHASE GOODS FROM MY UNIT IS ENTITLED TO AVAIL FULL CENVAT CREDIT OF DUTY PAID OR NOT, BECAUSE DEPARTMENT DISALLOWED THE CENVAT CREDIT TO BUYER.DEPARTMENT SAYS NOTIFICATION NO. 01/2010 NOT MENTION IN RULE 12 HENCE BUYER NOT ENTITLE TO TAKE CREDIT.



Learning

 2 Replies

Ramesh Chandra Verma (advocate)     09 August 2013

Credit is allowed under Rule 3 of the Cenvat Credit Rules, 2oo4. There is no restriction in this situation.

R C Verma

advrcverma@gmail.com

SURESH KUMAR (GENERAL MANAGER)     23 October 2013

SIR,

MY CLIENT HAS IMPORTED CAPITAL GOODS AND SOME COMPONENTS INTO INDIA .

THE ADDRESS SHOWN IN THE BILL OF ENTRY IS THE OLD ADDRESS AS PER THE IEC REGISTERED IN CUSTOMS. THE IEC HAS OFFICE ADDRESS AND THE BRANCH ADDRESS OBTAINED AND REGISTERED IN CUSTOMS. NOW ONLY THE PRODUCTION AND MANUFACTURING PLACE HAS SHIFTED TO THE BRANCH ADDRESS.

NOW CLAIMING THE CENVAT CREDIT IS BECOMING DIFFICULT AS THE BILL OF ENTRY'S SHOWS THE OLD OFFICE ADDRESS AND NOT THE NEW BRANCH ADDRESS .

BILL OF ENTRY CANNOT BE AMENDED AT THIS POINT TO BE NOTED.

KINDLY GUIDE ME HOW TO OVERCOME  THIS ISSUE AND WHAT NEEDS TO BE DONE FURTHER FOR AVAILING CENVAT CREDIT WHAT RULES CAN BE APPLIED TO CONVINCE THE CENTRAL EXCISE AUTHORITY TO ACCEPT MY DOCUMENTS.

PLS ASSIST ME .


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