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Tran-1 credit for old Capital Goods

Avishek Modi

During Jan 2013 we imported machines for our factory (SSI).

Factory was registered under excise but we could not avail MODVAT for the CVD/SAD on the imported machines as our manufacturing turnover never crossed ₹ 1.5 crores and there was no excise payable by us.

Can we take credit for the CVD/SAD on these machines supported by the BOE in the Tran-1 6a?

Claiming CVD/SAD Credit on Imported Machines: Challenges with Tran-1 6a & Tran-2 Under CGST Act Restrictions A user inquired about claiming credit for CVD/SAD on imported machines under Tran-1 6a, as their factory, registered under excise, never crossed a turnover of 1.5 crores and couldn't avail MODVAT. One response affirmed the possibility of availing credit based on the bill of entry. However, another pointed out legal hurdles, including a one-year restriction and period-specific limitations. The user further asked about claiming credit under Tran-2 if the machines were sold. It was noted that the CGST Act, 2017, imposes restrictions due to invoice age and non-reflection of capital goods credit in the ER-3 return. (AI Summary)
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