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CENVAT CREDIT IN CASE OF RETURN OF CONSIGNMENT GOODS

Central Excise - Started By: - Prashant Agarwal - Dated:- 15-1-2016 Last Replied Date:- 15-1-2016 - I AM AN IMPORTER OF PLASTIC RAW MATERIALS AND HAVE ASSIGNED A CONSIGNEE AGENT IN OTHER STATES. BELOW IS THE CASE WHEREIN I URGENTLY NEED YOUR HELP IN CASE WHERE PARTY A SENDS THE GOODS TO PARTY B UNDER A CONSIGNMENT AGREEMENT AND PARTY B SELLS THE GOODS TO PARTY C WHO THEN REJECTS THE GOODS AND RETURNS THE SAME TO PARTY B. CAN PARTY B RESEND THE GOODS BACK TO PARTY A AND REVERSE THE EXCISE DUTY TH .....

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Going by the provisions of Rule 16 of Central Excise Rules, No Time Limit is prescribed under Rule 16 of Central Excise Rules 2002 for taking back Sales Return and further Rule 4 of CENVAT Credit Rules for time limit restriction has no correlation with Rule 16 of CER, hence the provisions of Rule 4 of CCR should not come in any way for time limit restriction legally for CENVAT availment. You can take back Sales Returns from your consignment agent and accordingly avail the CENVAT benefit on the s .....

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Very good knowledge enriching information. - Reply By CS SANJAY MALHOTRA - The Reply = Thanks to my seniors Mr.Kasturi and Mr. Govindarajan ji. - Reply By YAGAY AND SUN - The Reply = Dear All, Please go through the Rule 16 (1) & (2) again meticulously. The query raised is not so simple as answered or as it seems. In our view Rule 16 (3) would be applicable and permission from the Principal Commissioner or Commissioner, (as the case may be) would also be required since in this matter there i .....

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