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Issue ID: 106834
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Excisable Goods brought under CT I, wants to sale in domestic market

Date 25 May 2014
Replies 3 Replies
Views 2270 Views
Cenvat credit eligibility: register as dealer, pay duty and issue a cenvatable invoice so buyer can claim credit.
Intermediary must obtain dealer registration, adopt the supplier's invoice value, pay excise duty, and issue a cenvatable invoice so the domestic purchaser can claim cenvat credit based on that invoice. (AI Summary)
Sir, we have brought 25k of iron ore pellet from odisha manufacturer under CT -1 for export, partial qty exported on existing contract but 7000mts cgo which buyer denied to take is remained at plot. We do not have excise registration, but want to sell the cargo in domestic market to recover some loss. Domestic buyer wants cenvat on such purchase, but from whom we have purchased (manufacturer) denied any liability on goods and wants us to export the cargo incurring huge loss. Please suggest can we:1) Pay excise and sell the cargo in domestic market. 2) our buyer is end user, can they claim cenvat based on our invoice3) do we need to declare the manufacturer invoice to end user.Kindly advuse on above.
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Replied on May 26, 2014
1.

Sir,

  Please get yourself registered as a dealer.  then issue a cenvatable invoice.  Since you have received the excisable goods your supplier would have issued an invoice.  You can adopt the value shown in your supplier's invoice and pay duty accordingly.

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Replied on May 26, 2014
2.

Sir,

  Please get yourself registered as a dealer.  Then issue a cenvatable invoice.  Since you have received the excisable goods from your supplier he would have issued an invoice.  You can adopt the value shown in your supplier's invoice and pay duty accordingly.

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Replied on May 26, 2014
3. Thanks sir. We will get registered with excise as dealer.

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