Claim of Cenvat Credit on Solar Power System

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..... Claim of Cenvat Credit on Solar Power System
Query (Issue) Started By: - Manisha Kejriwal Dated:- 8-5-2012 Last Reply Date:- 9-5-2012 Central Excise
Got 3 Replies
Central Excise
Hello...we are the manufacturer of solar photovoltaic power system. The same has been exempt under excise by Notification no. 12/2012 We have paid input tax for purchase raw material. Plz suggest how to take c .....

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..... laim of the input tax paid along with the applicable section. Also state relevant case law ,if any Reply By Pradeep Khatri: The Reply: Please specify the serial number of entry against which your product has been mentioned in the Notification no. 12/2012. Reply By vijay kumar: The Reply: Hello, it seems your goods are exempted under "non-conventional energy devices or systems specified in Lis .....

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..... t 8" as per sl.no.332 of Notification no. 12/2012 CE dt.17.3.2012. In as much as the exemption is unconditional, you cannot opt to pay duty on the systems manufactured by you and thereby take input credit, in terms of Section 5A of the central Excise Act,1944. In terms of Rule 6 of Cenvat Credit Rule, 2004 credit can be taken only when the final product is dutiable. Hence, there is no way u can cl .....

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..... aim the input tax incidence borne by you. However, if u are into exports, u can get the rebate of such tax amount by following the procedure prescribed under Nofn.43/2001-CE(NT) r/w Rule 18 of Central Excise Rule, 2002, or r rule 5 of Cenvat Credit Rule, 2004. There is no case law in the matter since it is the basic concept of input credit. For any further clarification, plz mail to kavetivk@gmail .....

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..... .com Reply By Dastagir Sayyad: The Reply: Notification no. 12/2012 dt.17.3.2012 Hi.. Here Manufactured product is exempted and not inputs required for manufacturing. Hence you will have to pay duties on inputs as applicable. If export is there, you will get refund/rebate of such duty. D. Sayyad any more details email me - [email protected]
Discussion Forum - Knowledge Sharing .....

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