Excise duty on Job Work

[Ashok Chopra]

Respected Forum,

I am service provider received semi finished goods from my vendor for powder coating, but could not sent back within 180 days.  my vendor debited me excise duty.

As per  Cenvat Credit Rule, 2004 Para 4(5)(a), the vendor can take the credit even if the goods received back after 180 days.

Is there any law, notification that vendor can request their excise authorities for extension of time.

Can i raise supplementary bill of Excise Duty, when i will sent back material to vendor after 180 days and  Canvendor take the credit on the basis of supplementary bill.

Please guide me how can i convince my vendor as he has adopted easy procedure and debited the excise duty and charged from me.

Pls guide me accordingly

[YAGAY andSUN]

You vendor cannot charge this duty from you as he is eligible to avail it back after the goods received in his factory premises after jobwork conducted by you.

[Vijay kumar]

You need not request the excise authorities for extension of time and there is no provision to grant such extension also. As per the rule cited by you, the vendor would have debited you the excise duty on account of the fact that he had to reverse the credit due to non-receipt of processed goods within 180 days from you. Once you send back the processed goods, the vendor can take the credit and at that time you can ask him to credit the duty amount to your account. You may therefore focus on returning the goods to the vendor at the earliest.

[Dilip Darji]

As per Rule 4 (5)(a), there is no provision for extension beyond 180 days, either to your vendor or to you.

As against the earlier provision for extension, it is provided in the rule that if your vendor fails to bring back processed goods withing 180 days (due failure on the part of your vendor or failure on your part), your vendor needs to pay duty involved and he can take re-credit on receipt of processed goods from you, at any further time.

In such a circumstances, vendor is not required to raise any bill on you and you also need not to raise any supplementary bill.

Duty debited by your vendor, for non-receipt of processsd goods would in the nature of deposit by Vendor with the Govt.

AI Summary

Cenvat credit re credit after delayed jobwork: vendor may re avail credit when processed goods are returned to his premises. Excise duty treatment for job work under Rule 4(5)(a) of the Cenvat Credit Rules, 2004 requires reversal of Cenvat where processed goods are not returned within the prescribed period; there is no provision for extension. If the goods are later returned, the vendor may re avail the Cenvat at that time. The duty debited by the vendor functions as a deposit with the government and, on re credit, the vendor can account to the job worker for amounts previously debited.