IMPORTER SELLING GOODS

[Guest]

DEAR SIR,

IF ANY IMPORTER REGISTERED UNDER EXCISE AS A IMPORTER FOR IMPORTED GOODS AND DEALER FOR LOCAL GOODS , BUT IF THE IMPORTER IS NOT ISSUING EXCISE INVOICES FOR PASSING CENVA CREDIT THEN CAN HE MAKE CLEARANCE UNDER DEALER REGISTRATION FOR THE INVOICES IN WHICH CENVAT CREDIT IS NOT PASS ON, PLEASE EXPLAIN,PLEASE GIVE US ANY REFERENCE REGARDING THIS, THANKS and REGARDS.

[Guest]

Dear Sir, Pls send your opinion on the above query, urgent required

[Rajagopalan Ranganathan]

Sir,

An importer has to register himself only with DGFT for obtaining Importer-Exporter Code. He need not have to register with Central Excise Department. Previously he can sell the imported goods under his invoice . This invoice was recognized as a valid document on the basis of which cenvat credit can be availed. Now Rule 9 (8)CENVAT Credit Rules, 2004 has been amended by inserting the words "or a registered importer” in the said rule after the words “second stage dealer” by Notification No.09/2014-CE (NT) dated 28.02.2014. This amendment is effective from 01.04.2014. Now an importer has to register himself with Central Excise Department as first stage dealer, file quarterly return and has to maintain credit account regarding CVD and SAD paid on the imported goods and details regarding passing of such credit to his customer. This procedure is in force from 04.04.2014.

AI Summary

Registered importer obligation: importers must register under excise, maintain CVD/SAD credit records and file periodic returns. The amendment to Rule 9(8) of the CENVAT Credit Rules adds 'or a registered importer,' bringing importers within the rule and requiring them to register under Central Excise as first stage dealers, maintain credit accounts for CVD and SAD paid on imported goods, document passing of such credit to customers, and file the prescribed periodic returns.