Applicability of Rule 6 of CCR-2004, if clearance of Capital goods is made under SHIS scheme

[SANTOSH SHARMA]

CBEC Board has issued a Notification No. 33 / 2012 - CE, Dt. 09/07/2012 for utilisation of such scrips for payment of excise duty by the license holder which exempts an assessee /manufacturer to clear capital goods under SHIS Scheme duly debited by customs officer without payment of excise duty because duty is debited in the said scrips by the buyer of capital goods or license holder.

In this context, We would like to know your expert opinion, on the applicability of Rule 6 of  Cenvat Credit Rule, 2004 in this situation.

Regards,

SANTOSH SHARMA

[YAGAY and SUN]

Hoping that following judgment will be helpful to you.  Though it is regarding  SFIS not pertaining to SHIS.

2013 (4) TMI 303 - GUJARAT HIGH COURT

 

AI Summary

Applicability of Rule 6 of Cenvat Credit Rules when capital goods are cleared under SHIS using duty scrips.
Whether the applicability of Rule 6 of the Cenvat Credit Rules, 2004 is affected when capital goods are cleared under the SHIS scheme using duty credit scrips: CBEC Notification permits use of SHIS scrips to discharge excise at clearance by the licensee, so goods may be cleared without direct excise payment while duty is debited via scrips; the issue is whether Rule 6's requirements and Cenvat consequences are thereby engaged or displaced. A cited judgment on a different scheme (SFIS) was offered as comparative guidance.