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Time limit of 6 months applicable to Dealers to pass on the credit

Guest

Dear Sir,

As per notification no 21/2014 whether the time limit of 6 months is applicable for traded goods, to pass on the cenvat credit. Because Since the time limit is mentioned for only Inputs and inputs services as per notification,Please clarify and please give any references regarding this,

Thanks and regards.

Six month limit on CENVAT credit applies to those taking credit, not to dealers merely passing it on. The notification bars manufacturers and providers of output services from taking CENVAT credit after six months from the date of specified documents; this time limit targets those who avail credit and does not apply to dealers who merely pass on credit without availing it. Consequently, where a dealer issues an invoice to pass on credit for traded goods, the recipient must take the credit within six months of the invoice date. (AI Summary)
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Madhukar N Hiregange on Sep 23, 2014

The dealers do not avail the credit and ONLY pass on the credit, therefore the restriction doe s not apply to them. The invoice issued by them - credit by receiver to be taken within 6 months of the date.

Mahir S on Sep 23, 2014

The words used in the said notification are :-

“Provided also that the manufacturer or the provider of output service shall not take CENVAT credit after six months of the date of issue of any of the documents specified in sub- rule (1) of rule 9.”;

Hence, the condition is applicable only to manufacturer and to the provider of output service and in no way related to Dealer.

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