Cenvat Credit issue

[Guest]

dear sir,

1 year old machinery (GOOD COMPLETE) not send this product is exempted product this cenvat credit no.

can use the product in excise goods (Goods excitable) and use CENVAT CREDIT on this product But 1 YEAR OLD BILL OF DATE

Urgent

[DR.MARIAPPAN GOVINDARAJAN]

Your query is not clear.

[Guest]

No speak in english

Dear sir,

Hum 2 Product(Machinary) Shall Karte he 1) product Exempted He

2) Product Texable( Excise Goods) He

Jo Exempted Product He Vo Hamari Jo Shall Nahi Huve He Vo 1 Year Purani he jo hum shall nahi kya he jis hum Cenvat credit bhi nahi le he

Kay Hum Use Kar shakte he jo excises goods he use me or hum 1 year purani jo DUP. Tran .Copy ki Cenvat Credit Le Shakte He

Is ka Koi Rules Ya Notification He

Urgent

[DR.MARIAPPAN GOVINDARAJAN]

I don't understand your version written in English the Hindu usage. Please give it in pure English.

[YAGAY andSUN]

Dear Rohit,

We appreciate your courage that despite of not versed/fluent in English Language, you tried to raise query in English. Keep it up and brush up your English. Start learning it.

Now returning to your query. In our opinion you can avail the CENVAT credit on machinery which is one year old as six months restriction is not applicable on capital goods. Further, CENVAT credit would be available on such capital goods which are being used for manufacturing of dutiable goods as well as exempted goods. But CENVAT credit cannot be availed on capital goods which are being used exclusively for exempted goods.

May God Bless you!

Regards,

Sameer Malhotra - Consultant

(YAGAY and SUN) -Management, Business and Indirect Tax Consultants

AI Summary

Cenvat credit on capital goods permitted where used for dutiable goods, but not when exclusively for exempted goods. Cenvat credit on capital goods is not subject to the six-month restriction and may be availed on a one-year-old machine if it is used in the manufacture of dutiable goods; credit is not available where the capital good is used exclusively for exempted goods.