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cenvat claim

Sandeep Gupta (CA Practice ) (28 Points)

19 July 2007

Dear Friends

One of My Client is Dealer of ABC Limited who is manufacturing Boilers, please let me know how CENVAT credit will be passed on to Customers. Client doesn't want to be registered with Excise.

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9 Replies

Shyam Lal Naik (Service) (6156 Points)
Replied 20 July 2007

I think it is not posible for customers to avail cenvat credit in the absence of Excise Invoice.

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mahesh (employee) (26 Points)
Replied 21 July 2007

hi In relation to views posted by Mr. Shyam Lal Naik ,I want to know who is Customer ? If the Customer is the Company for whom the ABB Limited manufactures the Boiler ,then the Company can definitly avail Cenvat Credit. The Second point is that the dealer of ABB Limited should have to be registered with the Central Excise Depptt..Otherwise he will not raise Cenvatable Invoices Nor the Company for which the ABB Limited manufactures Boiler avail cenvat credit and it will be cenvat loss for the company.

Yash Arya (Profession) (128 Points)
Replied 31 August 2007

Your client i.e the dealer of M/s ABC Ltd. can take C. Ex. Regn as a First Stage Dealer and can issue the excise invoice stating the Cenvat Paid on purchases on the basis of the buyer can claim the Cenvat Credit. Second option is to mention the name of the consignee (buyer) on the invoice which is in the name of the dealer. In such case, Dealer shall raise a trading invoice only and the buyer shall be able to avail Cenvat credit. Hope your query is resolved. Regards Yash Arya

(Guest)

You may ask the dealer to request the manufacturer to make excise invoice in the name of the ultimate buyer making him consignee & the dealer as buyer. The dealer will pay manufacturer & make commercial invoice on ultimate buyer for recovery of the amount. Only problem is that ultimate buyer will know the margin.

manohar nagula (service) (45 Points)
Replied 29 September 2007

customer get the CENVAT credit only when the dealer or manufacturer issue cenvatable invoice. without this it is not possible to take cenvat credit by the customer.

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Vijay K. Agrawal (Service) (608 Points)
Replied 26 October 2007

your dealer should effect the sale in transit. ABB should make consigee to ultimate customer of your Dealer and buyer should nbe dealer

Chirayu Kothi ( Consultant Excise and Service Tax) (248 Points)
Replied 09 September 2008

Originally posted by :Sandeep Gupta
"	Dear Friends One of My Client is Dealer of ABC Limited who is manufacturing Boilers, please let me know how CENVAT credit will be passed on to Customers. Client doesn't want to be registered with Excise.	"

Vijay K. Agrawal (Service) (608 Points)
Replied 10 September 2008

Dear Sandeep,

you ask your client to trf. the goods during the movement i.e against E-1 form, ask ABB to write on bill buyer name- your clinet name,

Consignee Name- custome name.

your client need not to registered under central excise.

Regards,

Vijay Agrawal

Sumit Basu (MGR - Finance99) (21 Points)
Replied 14 August 2010

Dear Friends,

One company who is doing the brokerage business for the builders and earn commission by raising service tax on their bill. Can they claim CENVAT for their vendor bills ? If yes then how ?