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Transit Sale - Amendment to Rule 11(2) of the C.Ex.Rules, 2002 - Effect on unregistered dealer - Recent Development on issue

Mukund Nyalkalkar
CENVAT Credit Only Available on Registered Dealers' Invoices from March 1, 2015; CBEC Clarification Needed The All India Non-Ferrous Metal Industries Association sought clarification from the Joint Commissioner in Mumbai regarding the requirement for traders to be registered as dealers in cases of direct or transit sales from manufacturers to end users. The Joint Commissioner clarified that CENVAT credit is available only on registered dealers' invoices, necessitating dealer registration from March 1, 2015. A godown is required for storing goods, and amendments to dealer invoice formats can only be made by the CBEC. CENVAT credit cannot be availed based on the manufacturer's invoice through non-registered dealers. There is a call for CBEC to clarify the issue to prevent further confusion. (AI Summary)

On the above said subject, I had given my Article on 27.4.2015.

[2] Now, recently, I have came across the fact that All India Non-Ferrous Metal Industries Association had approached the Jt.Commissioner, Office of the Principal Chief Commissioner of C.Ex., Mumbai Zone-I for seeking clarification as to whether “in case of direct/transit sale by a trader from the manufacturer to the end user, a trader is required to be registered as a dealer” and the said Jt.Commissioner vide letter bearing F.No.IV/16-Tech-15/CCO/MCX-I/2012, dt.21.4.2015 (with the approval of Chief Commissioner, C.Ex., Mumbai Zone-I) clarified that, -

1. The CENVAT credit will be available on registered dealers invoice, hence registration of dealer with C.Ex.is must from 1.3.2015;

2. Requirement of godown has not been done away, and it is necessary, if the Registered Dealer wants to store the goods;

3. Any amendment in the format of Dealer’s invoice can be done only by the CBEC;

4. There is no provision for availing CENVAT credit on the strength of Manufacturer’s invoice when the goods are sold through a non-registered dealer;

[3] Now, as rightly pointed out by Shri.Rakesh Chitkara Sir, in his comment to my earlier Article dt. 27.4.2015 on the above said subject, the CBEC must intervene and comes out with a clarification(as it did in 1996) to set rest this major controversy as early as possible.

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