Cenvat credit on tools

CA.G.Muguntha Narayanan (Internal Auditor at TVS Motors)   (2195 Points)

21 September 2011  

Dear Experts,

           Cenvat credit on tools (chapter 82) is allowed at 50% in the year of purchase and balance in subsequent financial years, provided the tools are in the possession of the assessee (Unlike moulds and dies, wherein possession is not necessary). Suppose the tool life is just 2 months and it gets scrapped in the year of purchase, the assessee needs to pay ED on the scrap value of the tool at the time of removal. Is he eligible for the claiming the balance 50% CENVAT credit in the subsequent year, (because, he does not have possession of the tools in the subsequent year)? Or can he go in for refund under Section 11B(Happened only once in my company)?