Endorsement of Bill of entry

[palaniappan thirukalathiappan]

Dear Members,

We have imported material and the Bill of Entry was generated in the name of Corporate office. Since we need the material at our different unit, we have endorsed the same bill of entry and full quantity shifted to the other unit and  availed cenvat credit.

Please clarify, are we elgible for Cenvat credit?.  Please provide if any circulars, case laws in favour of us. Besides, present status of CEX Circular no. 267/83/2008-CX-8 dtd.9/10/2009.

 

Thanks in advance for your valuable replies.

 

Srinivas

 

AI Summary

Debate on Cenvat credit eligibility for endorsed Bill of Entry: Validity under Rule 9(1)(c) and draft circular issues. A query was raised about the eligibility for Cenvat credit after endorsing a Bill of Entry to transfer imported materials from a corporate office to another unit. Two responses were provided. One response noted that current Cenvat Credit Rules do not support such endorsement but suggested that it should be allowed if the materials are used in manufacturing. The other response stated that an endorsed Bill of Entry remains valid under Rule 9(1)(c), citing a tribunal case, and clarified that the mentioned circular is a draft, not final.