06 January 2014
CENVAT is available on the duty payment basis and not on the Value payment basis.You may show that Value of Material is on FOC but duty is paid by you.Further the material should be used in the manufacturing process and should comply all other criteria of CENVAT CREDIT RULES.
07 January 2014
See what is basic requirement for claiming CENVAT:
1) Duty must be paid
2) There must be necessary duty paying documents 3) Except in exempted category the inputs must be used in the manufacturing process
I do not see any such provision in the central excise act or cenvate credit rules that only payer of the Cenvatable duty is eligible for claiming CENVAT Credit.
07 January 2014
See what is basic requirement for claiming CENVAT:
1) Duty must be paid
2) There must be necessary duty paying documents 3) Except in exempted category the inputs must be used in the manufacturing process
I do not see any such provision in the central excise act or cenvate credit rules that only payer of the Cenvatable duty is eligible for claiming CENVAT Credit.
07 January 2014
My above reply say that you can claim CENVAT credit.It does not matter that duty is paid by the supplier but not charged to you but there must be duty paying CENVATABLE documents .
25 February 2014
Cenvat Credit on FOC Material, You have received the material on Invoice, and vendor charged excise Duty on that FOC Material, but they have mentioned on Invoice FOC "Free of Cost", and you have not to pay them against this supplies. then you can not avail cenvat credit ag.this invoice.