Query:Cenvat Credit on Excise duty by Consignee
In one of our client, we have came across with the below case
1) Excise invoice is issued by the Supplier with Buyers Name and Consignee Name (other than Buyers) where the material is being delivered)
2) Now against this Invoice, Consignee is availing the Cenvat Credit, Although the Total bill payment is done by the Buyer.
Is consignee eligible to Avail Cenvat Credit although he is not paying the Amt but the Buyer is paying the Total bill payment.
Is this Case Correct. Pls revert with provision and Case law (if any)
In one of our client, we have came across with the below case
1) Excise invoice is issued by the Supplier with Buyers Name and Consignee Name (other than Buyers) where the material is being delivered)
2) Now against this Invoice, Consignee is availing the Cenvat Credit, Although the Total bill payment is done by the Buyer.
Is consignee eligible to Avail Cenvat Credit although he is not paying the Amt but the Buyer is paying the Total bill payment.
Is this Case Correct. Pls revert with provision and Case law (if any)
Reply:1
Yes consignee can avail credit provided the goods are
delivered directly to him (which I presume would be the case) as evidenced by
consignment note.
Rohit Surana+91 9836663781
Rohit Surana+91 9836663781
Reply:2
Thanks for the info.
Please cite the Reference of Act if possible.
Regards
Please cite the Reference of Act if possible.
Regards
RegardsSk. Md Asif AliB.Com (Hons), CS
Reply:3
In case of transit sale, order is placed on a manufacturer
for supply and delivery of goods directly to the ultimate buyer and the
goods are
accordingly transported from the manufacturer's premises to the ultimate buyer's premises without being brought to the registered person's premises. In
such a case, Cenvat credit can be availed by the ultimate buyer on the basis of invoice issued by the manufacturer, though the invoice can be in
the name of the dealer through whom the goods are purchased, provided the name of the ultimate buyer is shown as consignee. Dealer’s invoice is not
required in such a case to avail Cenvat credit.
Hence, in your case, consignee is rightly claiming the Cenvat credit.
This was also held permissible in CCE v. SSPE Cotton 1999 (106) ELT 102 (CEGAT), SWILL Ltd. v. CCE (2008) 232 ELT 802 (CESTAT SMB), CCE v. REC
Ispat (2009) 240 ELT 101 (CESTAT).
Regards,
CA. D.S.Agarwala
M/s D.S.Agarwala & Co.
Chartered Accountants
9/12, Lal Bazar Street, Block-C, 3rd Floor,
Kolkata- 700001
Mobile: +91-94330-97972
Office: 033-4005-3997
Email: agards@gmail.com
accordingly transported from the manufacturer's premises to the ultimate buyer's premises without being brought to the registered person's premises. In
such a case, Cenvat credit can be availed by the ultimate buyer on the basis of invoice issued by the manufacturer, though the invoice can be in
the name of the dealer through whom the goods are purchased, provided the name of the ultimate buyer is shown as consignee. Dealer’s invoice is not
required in such a case to avail Cenvat credit.
Hence, in your case, consignee is rightly claiming the Cenvat credit.
This was also held permissible in CCE v. SSPE Cotton 1999 (106) ELT 102 (CEGAT), SWILL Ltd. v. CCE (2008) 232 ELT 802 (CESTAT SMB), CCE v. REC
Ispat (2009) 240 ELT 101 (CESTAT).
Regards,
CA. D.S.Agarwala
M/s D.S.Agarwala & Co.
Chartered Accountants
9/12, Lal Bazar Street, Block-C, 3rd Floor,
Kolkata- 700001
Mobile: +91-94330-97972
Office: 033-4005-3997
Email: agards@gmail.com
Reply:4
Thanks.
That means, buyer is not entitled to avail that credit and only the
Consignee is entitled (Correct me if I am wrong). I have two query:
1) But Since the Buyer has to book and pay for the Whole amt (RM Cost +
Exc. duty), In the buyer books that Excise duty amt will be treated as Cost
?
2) Here, the Consignee is getting the Cenvat Credit, although he is not
paying any amt. i.e free of cost. So, isnt the buyer is at loss and how he
will claim this from the Consignee if it is possible.
Rgds
Asif
That means, buyer is not entitled to avail that credit and only the
Consignee is entitled (Correct me if I am wrong). I have two query:
1) But Since the Buyer has to book and pay for the Whole amt (RM Cost +
Exc. duty), In the buyer books that Excise duty amt will be treated as Cost
?
2) Here, the Consignee is getting the Cenvat Credit, although he is not
paying any amt. i.e free of cost. So, isnt the buyer is at loss and how he
will claim this from the Consignee if it is possible.
Rgds
Asif
Dear Mr Asif in this case i want to make you understand buyer can be a authorized dealer of manufacture and he doesn't have a excise regd no . But the person one who is consignee have a excise regd no he is able to take cenvat credit on the basis of that bill.
ReplyDeleteI want to clear your query no 1 if any manufacture send his material to his authorized dealer who can be a buyer he will charge excise because he is manufacturer you should remember that byuer does not have excise regd no so excise will be treat his costing on purchase if the buyer registered in excise than consignee will not able to take cenvat credit. on that bill one other benefit of transit sale cst burden will be decrease if three state involve for the same.
Thanking You
Mnaoj Kumar
M.Com ,CA(INTER)
9310458433