Central Excise & Service Tax Consultant Address :- F-2, Baker Residency, Opp.Sasane Ground, Tarabai Park, Kolhapur-416 003. Mobile#9420584009
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Issue Id: 108775
The situation is the inputs were purchased on payment of duty, the credit of which is not availed and the same were used in or in relation to the ...
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Cenvat credit eligibility limited to registered dealer invoices, and dealer registration required for transit sales involvement.
A Joint Commissioner's clarification states that CENVAT credit is available only on registered dealer invoices, mandating dealer registration from the effective date; a godown is required if a registered dealer stores goods; invoice format amendments are within the board's competence only; and CENVAT credit cannot be claimed on a manufacturer's invoice where goods are sold through a non registered dealer. (AI Summary)
Cenvat Credit
Transit sale registration requirement clarified: amendment not intended to force unregistered agents to obtain dealer registration for credit.
Amendment to Rule 11(2) prompted doubt whether unregistered agents must register and issue excise invoices for customers to claim CENVAT credit where manufacturers ship directly to the consignee. The amendment mandates invoices naming the registered dealer as buyer and the consignee and requires credit to be taken on the registered dealer's invoice. Administrative precedent treats the manufacturer's duty-paying invoice as a valid document in transit-sale situations and exempts intermediaries from registration; transitional provisions preserve that clarification and, accordingly, the author concludes registration was not intended to be compelled and the Board will clarify. (AI Summary)
Cenvat Credit