Cenvat credit in case of sale return from non excise zone

This query is : Resolved

ANIL SHARMA (Querist)
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14 March 2013 Dear Expert

Please tell me about sales return. Can we take cenvat credit in case of sales return from a dealer in non excise zone in Part-II and can we again sale this material to same party and production count in RG1S.

CS ,CMA Shambhu Kr. jha

CS ,CMA Shambhu Kr. jha (Expert)
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16 March 2013 Dear Anil ji

As per the information provided by you , what i can presume that you are selling goods to the dealer which are not registered under the central excise or any special economic zone and goods got returned to your company due whatever reason may be .And later you are clearing the same goods to the same party

In this case you need to take care of the following care .
1) A seprate register need to be maintained for the list of material rejected and cleared from that .
2) Whenever you are clearing same material to the party with a fresh invoice in this case you must need to mention the invoice number under which goods was originally cleared .
3)You can avail the credit on returned material but again following point need to be considered .
a)If material is not cleared within the months than you can avail the credit only after end of the month , for example , suppose on 12 of the March one of your material got rejected and you could not cleared the material up to 31 of March in that case you can avail credit only after 31 march .
b)If in the above mentioned example material cleared on 24 th than you can avail credit only after 24 .

Thans