Pass on of cenvat credit by manufacturer importer

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 October 2012 We are a manufacturer of Excisable goods and also a Importer.

I would like to know if some inputs i have imported and not used the same for manufacturing and also have not availed CENVAT credit of CVD and SAD.

In such scenario can i sell the goods to another manufacturer and Pass on CENVAT credit of CVD and SAD?

Is regisration as a Trade in Excise is essential to Pass on Credit?

What are the conditions that to be met for CENVAT credit pass on?

Appreciate reply from experts with relevent section of Excise rules....

CA AYUSH AGRAWAL

CA AYUSH AGRAWAL (Expert)
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26 October 2012 Yes, You Can Pass on This Credit to Other Manufacturer as "First Stage Dealer".
The CVD You Can Pass On.
But SAD You Cant.
That Addisional Duty is You Just Have to Claim From Department Who Paid Duty on Custom Office.
If You Make High Seas Sale Then You Can Pass on Both, & Your Role Come to an End by Just Having a Commission Income.
Read With Rule 3(1) & (5) of Act.