CENVAT Credit

[Guest]

R/Sir,

1. We have 2 offices (one is an office at Delhi and other is a factory at Manesar). Address on our IEC is of Delhi office and excise registration is on Manesar office. Now when goods are imported all clearance documents pertain delhi office address including the BOE which has CENVAT Credit in it. Hence input goods are being received in Delhi office in papers. But in actual they are received in Manesar. Moreover the invoice raised by the foreign vendor has Manesar Address(both Ship to and Bill to). But the document(BOE) which has CENVAT Credit of CVD is addressed to Delhi.

Please guide how the CENVAT Credit can be taken in Manesar.

2. Please specify the practical procedure for export of goods which were imported and CENVAT Credit was booked. What documentation is required in Excise prior and post exporting in relation to CVD? Also include implications of Rule 18 & 19.

Thanks & Regards

[YAGAY andSUN]

Get your all documents pertaining to Import i.e. Invoice, COO, Packing list on the address of your Manesar Factory and at the time of filing B/E choose the Branch Code (as mentioned in IEC) of your factory.

As per the latest SC Judgment both the benefit can be obtained under Rule 18 and 19.

[MUKUND THAKKAR]

Rightly explain...

[DR.MARIAPPAN GOVINDARAJAN]

Yes, well explained.

[Guest]

@ Yagay & Sun

Dear Sir,

We dont have Manesar address in IEC. Though we have filed for amendment with DGFT but its under pendency.

Else we could have received BOE addressed to Manesar.

But for now its doubted how to pass on the CVD credit to manesar.

Regards

[Rajagopalan Ranganathan]

Madam,

First register your head office as first stage dealer in imported goods under rule 9 (1) of Central Excise rules, 2002. then issue cenvatable invoice to your Manesar factory and avail the credit of CVD and SAD. But take care that you pay vat as per the prevalent law at Delhi.

[YAGAY andSUN]

VAT/CST Shall not be applicable since such transaction would fall under the category of Stock Transfer and Form F under CST Act, 1956 read with CST (R&T) Rules shall be issued on monthly basis.

[Ganeshan Kalyani]

Sir, Form F is to be supported with LR, which in this case the querist won't have as only the documents are of the address of the Delhi office. Definitely VAT/ CST will not be applicable. Thanks.

[KASTURI SETHI]

Thanks to all the learned experts for enrichment of my knowledge.

AI Summary

CENVAT credit allocation: ensure BOE branch code or first-stage dealer invoice to transfer import credit and comply with export rules. To secure CENVAT credit at the factory, ensure import documents name the factory by selecting the correct branch code on the Bill of Entry or by amending the IEC; alternatively register the head office as a first-stage dealer and issue a cenvatable invoice to the factory to transfer CVD/SAD credit, while treating the movement as stock transfer and complying with VAT/CST rules. For exports of goods originally imported with CVD credit, follow export-benefit rules and maintain the requisite excise documentation, including Form F and transport support for stock transfers.