Excise Duty payment and recredit

[JAGANATHAN KUMARAVEL]

Due to shortage of space the assessee wants to move the goods outside the factory by debiting the duty.  Can the Assessee raise invoice subsequently to the customers refereing to the duty debited initially at the time of moving the goods outside the factory.

Alternatively can the assessee take recredit of the goods if the goods are moved in  and then invoiced to the customers and pay the tax .

Please let me know the provions underwhich we can carry out the above transaction. 

Obtaining the permission from the Department for such a transaction is lenghty affair and hence the alternative proposals are made

 

AI Summary

Storage of duty-paid inputs requires permission under cenvat rules; finished goods need separate storage permission and compliance.
Storage of duty-paid inputs outside the factory is permissible with prior permission under Rule 8 of the Cenvat Credit Rules, 2004 without reversal of cenvat credit, subject to conditions in the permission. Removal of inputs for home consumption requires invoicing and payment of duty under Rule 11. Storage of non-duty-paid finished goods outside the factory requires written permission under Rule 4(4) of the Central Excise Rules, 2002 and may attract conditions such as indemnity bonds; warehouse registration is an alternative with associated compliance and duty-on-transfer obligations.