Reversal of credit

[Penumerthy Muralikrishna]

(1) A SERVICE PROVIDER availes 50% credit last FY, reaining 50% credit this FY on a C.G.. (2) He utilised full credit (by paying ST) in this FY (3) He closes his bussiness, surrenders RC certificate (4) His C.G. is now being utilised by another service provider Q:- What will be the revenue implication, whether credit already aviled is required to be reversed?

[Mukesh Kumar]

Your query need further details and detailed analysis. What is the status after surrender. Since he has closed the business, whether the machinery has been sold or business as such transferred. See rule 10 of CCR regarding transfer of cenvat credit. If you are not entitled to transfer of credit as per rule 10 and sold the machinery, indeed, there is a mandatory requirement of reversal of cenvat credit on capital goods.

AI Summary

Reversal of cenvat credit required when capital goods are sold or not transferable following business closure. Reversal of Cenvat credit is required where a provider who availed credit, utilised it, closed the business and surrendered registration, and the capital goods are not transferable under the applicable transfer provisions or were sold; in such cases mandatory reversal of Cenvat attributable to those capital goods is required in accordance with the statutory transfer rules governing Cenvat credit on capital goods.