14 February 2013
In terms of condition 2 (b) of the Notification No.102/2007-Customs, the importer who wishes to avail the refund of 4% CVD, is also required to make a specific declaration in the sale invoice that no Cenvat credit would be admissible in respect of 4% CVD. This ensures that there is no double benefit on account of refund to the importer and Cenvat Credit to the purchaser. Hence, the request for dispensation of such declaration by certain importers who are not registered with Central Excise authorities and to allow 4% CVD refund to these importers on the basis of their status of registration with Central Excise, as non-registered dealer is not found to be acceptable.
06 March 2013
If you are a dealer registered under the Central Excise law, then you can issue a cenvatable invoice and the manufacturer can take credit against your invoice. Kindly refer to Rule 9 of Cenvat Credit Rules, 2004. The manufacturer can take 50 per cent of the CVD paid and 100 per cent of the SAD paid in the first year and the remaining 50 per cent CVD in any subsequent year