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Issue ID: 1717
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Reversal of cenvat credit already taken

Date 19 Jan 2010
Replies 1 Reply
Views 1341 Views
Asked by
Cenvat credit eligibility: outward transportation beyond place of removal disallowed after amendment; prior-period credits remain permissible.
Outward transportation beyond the place of removal does not qualify for Cenvat credit under amended rule 2(l) of the Cenvat Credit Rules, 2004, with that disallowance applying on or after 1.4.2008; credits for such transportation remain allowable for periods prior to that amendment where tribunal precedent (ABB Ltd.) governed. (AI Summary)

We have transported our finished product to our customers godown located outside and paid transportation on behalf of our customers as mentioned in their order.We have paid service tax on the transportation value and have taken CENVAT on the output serice provided by us in light of the tribunal judgement in the case of ABB Ltd.We have shown the judgement copy also eventhough AC office is asking us to reverse the credit taken by us against above transaction. Pls. clarify current status and present rules/decission on the issue whether we are eligible to take CENVAT or we have to reverse the entry as directed by AC Office. Ajay Kedia

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