my queries related to central excise cenvat 2004

[vinit goyal]

Dear Sir

My query is that we are a trader not a manufacture for local sale/purchase and import and export

We are registered under excise as a first stage dealer and submit the return quaterly as per

rule 9 sub section 8 of cenvat credit rule 2004

My Queries that We should require two registration under central excise one for first stage dealer and second for importer ???

But now our consultant tell us for mandatory registration under excise as a importer and submit the return as per notification Notification No. 09/2014 - Central Excise in which mentioned the word

1. (1) These rules may be called the CENVAT Credit (Fourth Amendment) Rules, 2014.

(2) They shall come into force from the 1^st day of April, 2014.

2. In the CENVAT Credit Rules, 2004, in rule 9, in sub-rule (8), -

(a) after the words “second stage dealer” , the words “or a registered importer” shall be inserted;

(b) in the proviso, after the words “second stage dealer” , the words “or registered importer” shall be inserted.

So now my queries is that we require the two registration under excise as a first stage dealer and for importer also and submit the return ???

Pl resolve the queries if possible

Regards

Vinit Goyal

[Mahir S]

Yes sir, the advice provided by your consultant that you are required to take two registration as importer for import of goods and also as first stage dealer for procuring local goods.

With effect from 01.04.2014, an importer has to register himself with Central Excise Department as first stage dealer, file quarterly return and also has to maintain credit account regarding CVD and SAD paid on the imported goods and details regarding passing of such credit to his customer.

[Rajagopalan Ranganathan]

Sir,

In my opinion since you have already registered as 'first stage dealer' under Central Excise Act, 1944 you need not take another registration as importer.

[YAGAY andSUN]

Dear Vinit,

Please check the Notification 08-11/C.E./2014 all dated 28-02-2014 w.e.f. 01-04-2014 in this regard. Get yourself registred as importer otherwise you won't be able to pass on the CENVAT credit.

11/2014-CENT dt. 28-02-2014 [Eng.] [Hindi]	Seeks to substitute Quarterly return prescribed vide Notification No. 73/2003-Central Excise(N.T.) dt 15.9.2003 by an amended Quarterly Return Form
10/2014-CENT dt. 28-02-2014 [Eng.] [Hindi]	Seeks to amend Form A-1 (Application for Central Excise Registration)
09/2014-CENT dt. 28-02-2014 [Eng.] [Hindi]	CENVAT Credit ( Fourth Amendment ) Rules, 2014
08/2014-CENT dt. 28-02-2014 [Eng.] [Hindi]	Central Excise ( Amendment ) Rules, 2014

Regards,

Neelam Taneja - Executive Consultant

YAGAY and SUN

(Management, Business and Indirect Tax Consultants)

[MUKUND THAKKAR]

Dear Vinit Goyal,

if you are register as first stage dealer need not require separate registration for Import activity, Dept never giving two registration for one business place if dept. is issuing any body which has totally wrong.

AI Summary

Registration as importer required to maintain CENVAT credit records and to file quarterly returns for imported goods. The amendment adding registered importer to rule 9(8) requires, according to one advisory view, that importers register with the Central Excise Department, file quarterly returns, and maintain CENVAT credit accounts recording CVD and SAD on imports and passing of such credit; alternative advice holds that existing registration as a first stage dealer may suffice and that duplicate registrations for one business place are not customary, creating a compliance ambiguity affecting the ability to pass on CENVAT credit.