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Can importer pass excise duty as first stage dealer

This query is : Resolved 

12 August 2015 MY CLIENT IS AN IMPORTER. HE RECENTLY GOT REGISTERED UNDER EXCISE IN JUNE 2015 BUT HE PURCHASED GOODS IN MARCH . PLEASE LET ME KNOW THAT CAN WE AVAIL THE BENEFIT BYPASSING THE EXCISE DUTY AS FIRST STAGE DEALER

13 August 2015 Yes, you can pass the excise duty.

13 August 2015 Thanks Mr. Singh for your kind reply
Can you kindly refer me any case of excise where such incidence had happen. As per the amendment in the Cenvat Credit Rules 2004 we have to claim it within six month . i have read so many case were excise claim has been availed by the manufacturer in India but have not found such case of any importer.Sir please kindly reply if u have any such case
Thanks once again for your kind reply


13 August 2015 Dear Sumit Ji,
The claim is other issue but as a dealer you will pass the excise duty. There is no any issue if any doubt then consult with any professional.

16 August 2015 Dear Sumit,
Please clear that have you imported goods from out of India or from out side of your State as CST purchase?

18 August 2015 @sanjeev kumar goel
sir
my client import goods from out of india earlier he was not registered under excise in the month of june he imported some goods and sold .Know the customer wants him to issue invoice as first stage dealer(fsd) . my client is now registers under excise as importer . but the doubt in my mind is that can he know pass the cenvat paid by him in the month of june though he got registered under excise in the month of july

18 August 2015 Dear Sumit,

Once you have sold the imported goods then how can you resale those goods? Your transaction for sale with that party is completed when you sold and transferred the goods to that party.

18 August 2015 sir if i cancel those invoice and reissue then in that case it may be possible
because my client is asking for the same


18 August 2015 First of all you remove that transaction from your record as well as from your client's record also. Then only you can issue fresh excise invoice to your client by passing the duty also.

22 August 2015 @Sanjeev
sir u want to say that since the sale has already done know i cant pass the cenvat. sir can u please tell me how i can avail the benefit of the tax i have paid .sir customer wants the invoice as the first stage dealer .Please advice me what i can do i this case .My client can deal with that party only if the invoice is reissued.



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