Availing Cenvat credit

[SURYAKANT MITHBAVKAR]

We have cleared machinery on payment of excise duty to display in exhibition on 17/11/2012 under Rule 11 of C.E. under this duty will be payable  before 5th  of next month. i.e. 05/12/12

The exhition period is 21/11/12 to 23/11/12

 After exhibition completed all machinery i returned to our factory premises on 24/11/12.

since machinery is returned  to our factory can i avail the cenvat credit against the same invoice in same month but before making the excise duty payment of that particular invoice which was due on or before 05/12/12

OR

We can make duty payment of that invoice before 30/11/12 and avail cenvat credit in same month.

Pl. advice

AI Summary

Can Cenvat Credit Be Availed for Machinery Cleared for Exhibition Before Duty Payment Deadline? A discussion on availing Cenvat credit involves a query about clearing machinery for an exhibition and returning it to the factory. The question is whether Cenvat credit can be availed against the same invoice before the excise duty payment due date of 05/12/12. One participant suggests paying the duty on 24/11/2012 and availing credit, while another confirms payment can be made by 30/11/12 to avail credit. A third response advises on paying duty upon clearance if using PLA or paying on the due date if using a Cenvat account, then taking credit.