As such sale

This query is : Resolved

sanket (Querist)
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29 May 2014 my client is in the business of iron and steel manufacturing(excise manufacturing registration). They have imported coal(raw material) which is lying in the railway sliding.
Now they want to sale directly from railway sliding it without receiving the same in the factory.
can they do so.
will it be treated as such sale.

CA Nilesh P. Kanodia

CA Nilesh P. Kanodia (Expert)
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29 May 2014 credit on inputs: once goods are received in factory you are eligible for cenvat credit on that goods.

but in your case it seems that you have not yet received the goods in your factory premises so you are not eligible for CENVAT credit.

Sale as such case is applicable where goods are received by you in your factory. but this is not sale as such.

its will be sale in transit.