Cenvat credit provisions for transfer of raw material from trading unit to manufacturing unit
Dhrunil Bhatt (Chartered Accountant) (232 Points)
21 January 2017Dhrunil Bhatt (Chartered Accountant) (232 Points)
21 January 2017
Nagendra Hegde
(Chartered Accountant)
(1948 Points)
Replied 27 January 2017
Yes. Credit can be availed. kindly give reasons why not available. As far as manufacturing unit has a separate excise regstration and using such inputs for manufacturing of excise able goods, it is eligible to avail credit on inputs procured from a registered dealer who has passed on the credit.
There could be valuation issues as it is a related party transaction.
Dhrunil Bhatt
(Chartered Accountant)
(232 Points)
Replied 30 January 2017
Dear Nagendra,
Thanks a lot for your reply.
I was of a same opinion that the manufecturing unit can avail the cenvat credit of CVD and SAD on goods procured from a trading concern. However the confusion arose because there is no such specific provision in the Rules for such transactions.
So, if the trading concern transfers the material at an arms length price to a manufecturing concern, then there is no ambiguity as to availment of cenvat credit. Credit can be availed
Can I know Mr. Nagendra that in case if the transfer is made at a price otherwise than at an arms length price, whether there would be any impact on the amount of cenvat credit that can be availed ?
Once again I thank you for your prompt reply.
Best Regards,
Dhrunil Bhatt
Nagendra Hegde
(Chartered Accountant)
(1948 Points)
Replied 31 January 2017
There should not be any impact on credit. where as isse on valuation could arise on trading unit