TMI BlogRejection after 3 yearsX X X X Extracts X X X X X X X X Extracts X X X X ..... We are in receipt of Rejection from Customer on Excise Invoice, but the material was sold before 3 years, the customer had not approved the material since than. please let us know whether the Cenvat credit can be availed , if yes how, also whether MVAT allow the same. - Reply By Pradeep Khatri - The Reply = Dear Sohel, There is no restriction of time limit under Rule 16 of the Central Exc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise Rules, 2002 to get back the rejected goods from customers/buyers provided these goods should not be used and must be returned in original packing ( specially in your case as goods were withhold by the customer for 3 years ) but under MVAT Act goods can only be rejected within 6 months from the date of sale. You can avail the CENVAT credit after following the procedure/provisions of Rule 16 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the CER, 2002 . But you cannot avail the Input Tax Credit under MVAT Act read with Rules made thereunder. Regards YAGAY and SUN (Management, Business and Indirect Tax Consultants) - Reply By Naveed S - The Reply = Yes, cenvat credit can be availed, but department may ask for corroborative evidence regarding receipt of rejected goods. You have not mentioned whether payments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were received 3 years back or not. Do ensure that you have all requisite documents for sale and receipt of the said goods. - Rejection after 3 years - Query Started By: - Sohel Ahmed Dated:- 1-10-2014 Central Excise - Got 2 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... managementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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