Transfer of cenvat credit under LTU

This query is : Resolved

Pradeep (Querist)
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15 December 2009 I seek your advice and guidance regarding transfer of cenvat credit under LTU.

Company 'A' is a registered manufacturer for products falling under CTH 85. They have unutilised cenvat credit and want to transfer a portion of it to their other manufacturing unit producing goods under cth 50. Request your clarification please.

SANJAY JAIN

SANJAY JAIN (Expert)
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16 December 2009 The procedure for transferring CENVAT credit from one to another LTU unit has been described in the Rule 12A(4) of the CENVAT Credit Rules,2004 which is read as under.

(4) A large taxpayer may transfer, CENVAT credit available with one of his registered manufacturing premises or premises providing taxable service to his other such registered premises by, -
(i) making an entry for such transfer in the record maintained under rule 9;
(ii) issuing a transfer challan containing registration number, name and address of the registered premises transferring the credit as well as receiving such credit, the amount of credit transferred and the particulars of such entry as mentioned in clause (i),
and such recipient premises can take CENVAT credit on the basis of such transfer challan as mentioned in clause (ii) :
Provided that such transfer or utilisation of CENVAT credit shall be subject to the limitations prescribed under clause (b) of sub-rule (7) of rule 3.
Provided further that nothing contained in this sub-rule shall be applicable if the registered manufacturing premises is availing following notifications of Government of India in the Ministry of Finance (Department of Revenue), -
(i) No. 32/99-Central Excise, dated the 8th July, 1999 [G.S.R. 508(E), dated 8th July, 1999];
(ii) No. 33/99-Central Excise, dated the 8th July, 1999 [G.S.R. 509(E), dated 8th July, 1999];
(iii) No. 39/2001-Central Excise, dated the 31st July, 2001 [G.S.R. 565(E), dated the 31st July, 2001];
(iv) No. 56/2002-Central Excise, dated the 14th November, 2002 [G.S.R. 764(E), dated the 14th November, 2002];
(v) No. 57/2002-Central Excise, dated 14th November, 2002 [G.S.R.. 765(E), dated the 14th November, 2002];
(vi) No. 56/2003-Central Excise, dated the 25th June, 2003 [G.S.R. 513 (E), dated the 25th June, 2003]; and
(vii) No. 71/2003-Central Excise, dated the 9th September, 2003 [G.S.R. 717(E), dated the 9th September, 2003];