Taking of Excise credit on re-sale of rejected material, Central Excise

[sachin shilamkar]

We are dealer having Import Code under excise under which we have imported material and sold it locally to a manufacturer by transferring CVD & ACD.

Manufacturer has rejected partial material due to quality issues and returned it by issuing excise invoice under the same excise code of importer.

Now we need to resale the same material to another party. So we need to pass on the duty to the same.

Can we use the original bill of entry details against which we had imported the material or we have to use the invoice details under which the manufacturer has returned the material to pass on the duty.

Posts / Replies

[KASTURI SETHI]

Sh.Sachin Shilamkar Ji,

You will have to keep the record of return of goods. You should approach your jurisdiction Range Officer who cancel the invoice and allow you (the dealer) to issue fresh invoice to the new buyer of the same consignment. In this way, the record of return of goods will be kept in Range Office as well as yours. Procedure has been laid down in Board's Circular No.96/7/95-CX dated 13.2.95 as amended vide Circular No.113/24/95-CX dated 4.4.95. These are still valid.These have not been withdrawn.