My client is a trading company , not registered with the excise dept , needs to bill an imported equipment on which CVD has been paid. The customer intends to claim back the CVD paid as they are a manufacturing company registered with the excise dept and eleigible for the credit. Can the end customer claim i/p credit if the principal importer provides the CVD paid documents via the trading company ?
1 Replies
Ajit kumar Dubey
(Taxation Manager)
(637 Points)
Replied 10 July 2012
If the importer company is registered as a first stage dealer under the Excise rules and Cenvat Credit Rules, 2004, then only he can pass on the credit to the manufacturer, else it will not be possible to pass on the credit to the manufacturer. Hence, either take a registration or else do not pass on the Credit or penal provisions will apply both for you and upon the company as well.
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