Cenvat credit on endorsed bill

[chaganti srinivas]

Can we take Cenvat credit on the endorsed Bill of Entry which is originally on the name of 'X' endorsed to 'Y'. Basically material is capital goods and total machinery shifted to company 'y' with an lease agreement. And over a period of time owner ship of the material will be 'Y'. Please calrify with case laws if any.

[Surender Gupta]

Endorsement on bill of entry is not allowed at present. Ask the importer of goods to obtain central excise registration as importer / dealer and pass the duty of excise on proper excise invoice.

AI Summary

Endorsement on bill of entry barred; importer must obtain registration and duty passed on proper excise invoice. Endorsement on a Bill of Entry is not permitted for claiming Cenvat credit on capital machinery endorsed from one importer to another; the importer/recipient should obtain Central Excise registration as importer/dealer and have duty charged and passed on a proper excise invoice.