17 July 2014
Can I take Cenvat credit on Eicher truck (model no - 10.59XP E HSD 14Ft GB) We are manufacturer of Pet Bottles and will use the truck for material loading and delivery of pet bottles.
17 July 2014
NO, CENVAT WILL NOT BE ALLOWED IN YOUR CASE AS PER FOLLOWING CLARIFICATION:-
CENVAT Credit Rules, 2004
2. Definitions.- In these rules, unless the context otherwise requires,-
(a) "capital goods" means:-
(b) "Customs Tariff Act" means the Customs Tariff Act, 1975 (51 of 1975);
(A) the following goods, namely:-
(i) all goods falling under Chapter 82, Chapter 84, Chapter 85, Chapter 90, 4[heading 6805, grinding wheels and the like, and parts thereof falling under heading 6804] Old[heading No. 68.02 and sub-heading No. 6801.10] of the First Schedule to the Excise Tariff Act;
(ii) pollution control equipment;
(iii) components, spares and accessories of the goods specified at (i) and (ii);
(iv) moulds and dies, jigs and fixtures;
(v) refractories and refractory materials;
(vi) tubes and pipes and fittings thereof;
(vii) 14[storage tank;and]
15[(viii) motor vehicles other than those falling under tariff headings 8702, 8703, 8704, 8711 and their chassis 17[but including dumpers and tippers]]
used-
(1) in the factory of the manufacturer of the final products, but does not include any equipment or appliance used in an office; or
10[(1A) outside the factory of the manufacturer of the final products for generation of electricity for captive use within the factory; or]
(2) for providing output service;
18[(B) motor vehicle designed for transportation of goods including their chassis registered in the name of the service provider, when used for-
(i) providing an output service of renting of such motor vehicle; or
(ii) transportation of inputs and capital goods used for providing an output service; or
(iii) providing an output service of courier agency` ]
18[(C) motor vehicle designed to carry passengers including their chassis, registered in the name of the provider of service, when used for providing output service of-
(i) transportation of passengers; or
(ii) renting of such motor vehicle; or
(iii) imparting motor driving skills]
[(D) components, spares and accessories of motor vehicles which are capital goods for the assessee]
THANKS R.K. GARG (M.COM. L.L.B.) [CONSULTANT OF CENTRAL EXCISE,CUSTOMS AND SERVICE TAX]
CAclubindia
