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Cenvat Credit on Capital Goods

vikas anand
Dear All,
 
As per Cenvat Credit Rules, 2004 capital goods means the goods falling under chapter 82,84, 85 & 90and its components, spares and accessories of goods specified at (i) and (ii).
 
It means, if we procured any components, spares and accessories of goods for the initial goods procured even though it may fall in a different chapter, it is still eligible for Cenvat Credit under the capital goods definition?
 
Please advise...
 
Regards
Vikas Anand
 
Cenvat Credit Rules 2004: Credit Available on Components, Spares, and Accessories of Capital Goods Across Different Chapters A discussion on a forum addresses whether Cenvat Credit, under the Cenvat Credit Rules, 2004, can be claimed on components, spares, and accessories of capital goods even if they fall under different chapters than the original capital goods. Multiple participants confirm that credit is indeed available for such items, provided they are part of the capital goods and duty is paid on them. This includes goods used for maintenance in subsequent years, aligning with established legal interpretations that Cenvat Credit is applicable across various tariff headings for components and accessories. (AI Summary)
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Rajagopalan Ranganathan on Jan 19, 2017

Sir,

Any components, spares and accessories of goods which are parts of the capital goods duty paid on such components, spares and accessories of goods can be availed as capital goods.

vikas anand on Jan 19, 2017

Sir,

Even though it may falls in a different chapter and succeeding years for maintenance of Initial goods procured?

Rajagopalan Ranganathan on Jan 19, 2017

Sir,

The answer to your query is yes.

Ganeshan Kalyani on Jan 19, 2017

Yes the credit is eligible.

KASTURI SETHI on Jan 20, 2017

I support the views of both experts.

Mahir S on Jan 20, 2017

Yes , the views expressed above are correct.

YAGAY andSUN on Jan 21, 2017

Yes, it is settled legal position that CENVAT credit shall be available on the components, spares and accessories of the capital goods of any C.E.Tariff Head.

Ganeshan Kalyani on Jan 23, 2017

Yes the credit is eligible.

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