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Rule 6(4) of CCR 2004

Central Excise - Started By: - CA AJAY KUMAR AGRAWAL - Dated:- 22-10-2016 Last Replied Date:- 25-10-2016 - Newly inserted (wef 01-04-2016) provides for Non Availability of Cenvat Credit on Capital Goods Exclusively used in manufacture of exempted products / providing exempted services for a period of 2 Years (& further some conditions / provisions). My view is that such provision was already there where Cenvat Credit on Capital Goods exclusively used in exempted goods / services was disallow .....

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services, other than the final products which are exempt from the whole of the duty of excise leviable thereon under any notification where exemption is granted based upon the value or quantity of clearances made in a financial year. From 1.4.2016 the same rule reads as: - No CENVAT credit shall be allowed on capital goods used exclusively in the manufacture of exempted goods or in providing exempted services for a period of two years from the date of commencement of the commercial production o .....

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from the date of installation of such capital goods. In my opinion it is the intention of the Govt. that credit of duty paid on capital goods will not be allowed for two year if the capital good are used in the manufacture of exempted goods or used for providing exempted service. Even if the goods or services become dutiable or taxable during the two year period no credit will be allowed. after two years if they become dutiable/taxable then the Government may allow the credit. But it is not clea .....

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