Trasnfer of New Premises

[MAYUR DODIYA]

Dear Expert.

we are Register under Central Excise Act as a manufacture and we are change our premises so what is process ans which rule are applicable and we are not having any type of duty credit on our register.

thanks

[MUKUND THAKKAR]

Dear,

First  of  all  you  have  apply  for new registration  for your  new  primises,

2 Transfer  all  the  inputs and  machinery   as  such  by  paying  the  excise duty  under  excise  invoice in the name address of  new  primises . if  you  are  availed  the cenvat  credit  on machinery  than you have  to  follow  the cenvat  rules3(5). but  be careful  your cleance  inputs and capital good not  prior  to your  new  registration date. it  is  advisable  to remove  inputs and machinery after  obtain new  registration.and take  the  cenvat  credit  on capital goods and raw material  which you  will  pay from your  old  primises.

3, if  you  have  not  any  balance  in cenvat  register  you have  to pay by cash,

4. you  can  also  transfer  the  finished  goods by paying  excise duty. no  cenvat  credit  is  availble on finished  goods . if  possible  to keep  stock  in old  primises  and  clear  the  customer  from old primises to avoid  double  duty  burden.

5 please  surrender  your  old  registration by giving  bond  to  dept.

 

[MAYUR DODIYA]

Dear Expert.

can we are not amend our Registration and inform to Asst. Commissioner and stock details submit with amend Registration.

[manju nath]

Sir,

First we have to amend the registration thenwe have follow procedure as per Rule 10 of  Cenvat Credit of Rules.

.  Transfer of CENVAT credit. - (1) If a manufacturer of the final products shifts his factory to another site or the factory is transferred on account of change in ownership or on account of sale, merger, amalgamation, lease or transfer of the factory to a joint venture with the specific provision for transfer of liabilities of such factory, then, the manufacturer shall be allowed to transfer the CENVAT credit lying unutilized in his accounts to such transferred, sold, merged, leased or amalgamated factory.

(2) If a provider of output service shifts or transfers his business on account of change in ownership or on account of sale, merger, amalgamation, lease or transfer of the business to a joint venture with the specific provision for transfer of liabilities of such business, then, the provider of output service shall be allowed to transfer the CENVAT credit lying unutilized in his accounts to such transferred, sold, merged, leased or amalgamated business.

(3) The transfer of the CENVAT credit under sub-rules (1) and (2) shall be allowed only if the stock of inputs as such or in process, or the capital goods is also transferred along with the factory or business premises to the new site or ownership and the inputs, or capital goods, on which credit has been availed of are duly accounted for to the satisfaction of the Deputy Commissioner of Central Excise or, as the case may be, the Assistant Commissioner of Central Excise. 

Once if we ammend the registration we can transfer the creidt to new unit with  mere intmation to the AC OR DC OFFICE.

Regards,

c.k.manjunath 

8903156245

 

[MUKUND THAKKAR]

Dear,

your  subject  is  transfer  of  new premises, not  transfer  of  cenvat  credit, Mr. Mayur  is mention clearly " we are not having any type of  duty credit on our  register"

[manju nath]

Dear Sir,

Shifting of premises from one to another location we have to follow the same producedure as meintoned Under Rule 10(1)  (2) (3) after the amdement of registration since there is same owner ship is continune in new location also.

I

AI Summary

Cenvat credit transfer permitted only with physical transfer and accounting of inputs and capital goods to new premises. A shift of manufacturing premises requires amended or new registration and compliance with Rule 10 to transfer unutilized CENVAT credit, which is permitted only if inputs and capital goods are also transferred and duly accounted for to the satisfaction of the Assistant/Deputy Commissioner. If no CENVAT balance exists, transferred inputs, machinery or finished goods must be cleared by paying excise duty in cash; finished goods do not carry CENVAT credit. The owner should obtain registration at the new site before moving stock, transfer items under excise invoice in the new address, inform the AC/DC, and surrender the old registration with applicable bond.