Cenvat Credit

[Guest]

Dear Sirs,

Please find my issue as below:

We have an office in Mumbai and a factory in Gujarat. Our import license has both the addresses on it.

When we imported a machine, the invoice just had the address of the office but the machine was directly sent to factory and the respective credit taken.

My query is .. Will there be any issue with excise if the factory address is not mentioned on the invoice (although the factory address is there on import license ?)

Was it wrong to take the credit ?? Is there any step missing in this procedure on our behalf ?

 

[JAMES PG]

As per Public Notice No 16/06, endorsement of BE is not permitted, even though lot of judgements are there to the contrary. Inorder to be safe, it is better to intimate Dept before taking credit with thne necessary docs to prove that goods are received in the factory PUBLIC NOTICE No. 16/2006 Date : 22.03.2006

 

[YAGAY andSUN]

You may remove/transfer these goods on an invoice by transferring all the duty elements through it under Rule 3(5) of the Cenvat Credit Rule, 2004 or While filing of bill of entry, you may use the appropriate branch code as mentioned in your IEC.

 

[Ashok Dhiman]

Though your IEC registration shows the addition of both the site, more over IEC code is always being issued by the department on the office address and endorsement of factory . Ther are trade notices and many amendments and no need endorsement of factory on B/Entry but still before taking the Cenvat credit you should endorse your self with the stamping of authorised signatory.

More over you can inform your Jurisdiction Superintendent  by submitting an intimation on your letter head they can verify it to regularise in your favor.

 

[Guest]

Thank you all for your input.

Mr. Ashok Dhiman - when you say "endorse your self with the stamping of authorised signatory" .. do you mean self endore ??

 

We have bought the machine three years back and didnt realize that we have to inform Jurisdiction Superintendent. What is the procedure now ?

AI Summary

Cenvat credit compliance: when invoices show office address, inform jurisdiction and retain delivery proof to regularise credit. Cenvat credit on imported goods sent to a factory but invoiced to an office requires preservation of delivery proof, use of the appropriate branch code on the bill of entry or transfer by invoice to reflect the receiving unit, and prior intimation to the jurisdictional superintendent with supporting documents; endorsement of bill of entry is constrained by public notice, so stamping by an authorised signatory and formal notification are recommended to regularise credit.