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Cenvait Availment facility

Sharad Sonawane

Dear Sir,

 

  We have Trading Unit in Mumbai i have taking all the benefit of Cenvat credit

now i want Shift my Trading unit in Other State in MP (Indore) can transfer my cenvat credit other place or can i take Cenvat benefit in new location and New location i have taken new excise & service tax registeration

Trading Unit Relocation Raises Questions on Cenvat Credit Transfer; Rule 10 Cenvat Credit Rules, 2004 Implications A trading unit in Mumbai is considering relocating to Indore, MP, and inquires about transferring Cenvat credit to the new location. Responses indicate that traders typically pass on Cenvat credit rather than availing it. If the business registers as a dealer in the new location, they can issue invoices from there and avail Cenvat credit on those invoices. However, Rule 10 of the Cenvat Credit Rules, 2004, does not allow for the transfer of Cenvat credit balance for dealers, suggesting the need to start afresh at the new premises. Further clarification on availing Cenvat credit on stock transfers is sought. (AI Summary)
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YAGAY andSUN on Oct 22, 2012

Traders never take or avail the CENVAT credit, they, just pass on it.

JAMES PG on Oct 22, 2012

It appears that you have taken Excise Registration as a Dealer and availing Cenvat Credit in RG23 D as First Stage or Second Stage Dealer. If you are opening another business place in MP, you can obtain separate Dealer Registration there and can issue Invoice in the name of the newly registered premises alongwith the goods. Cenvat as per the Invoice can be taken at MP in their RG23 D and can issue Cenvatable Invoices

Vijay kumar on Oct 23, 2012

Since you are a dealer, you better square up your cenvat credit account since Rule 10 of Cenvat Credit Rules, 2004 does not provide for transfer of cenvat credit balance to dealers. Hence u may make the balance as zero at the old place and start afresh at the newly registered premises.

MANDAVILLI RAMAKRISHNA on Oct 26, 2012

thanks to mr. vijayakumar for enlightening us.

can't we avail cenvat input credit on stock transfers?

i hope mr. james is correct. please clarify

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