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CREDIT ON THIRD PARTY BILL OF ENTRY

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..... CREDIT ON THIRD PARTY BILL OF ENTRY
Query (Issue) Started By: - SHARMA NARAYAN Dated:- 7-3-2017 Last Reply Date:- 7-3-2017 Central Excise
Got 3 Replies
Central Excise
We are given pkg order to party for setup water treatment plant, he imports material and reimbursement of cenvat and additional duty and cvd from us can we take cenvat credit on that BE but there is no ref of our compa .....

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..... ny, how can we claim the duty , party is issuing the letter to us can we take credit on that can we take credit on below ref in the terms of Rule 9(1)(C) of cenvat credit Rules 2004 r/w Public Notice No.16/2006 dtd. 22-03-2006 & P.N.NO. 34/06 Dt.24.05.06 both issued by commr.customs (import) mumbai Reply By Rajagopalan Ranganathan: The Reply: Sir, You cannot avail the credit based on invoic .....

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..... e issued by your contractor. Since the goods are imported by your contractor CVD and SAD paid on the imported goods will get merged in the cost of the imported goods if your contractor is not eligible to avail the credit. The bill of entry cannot endorsed in your favour since the same is not provided in rule 9 of Cenvat Credit Rules, 2004. Naturally the CVD and SAD paid is to be merged with the co .....

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..... st of imported goods at your end. Reply By YAGAY AND SUN: The Reply: It is settled legal position that ownership is not the criteria to avail the CENVAT credit. Reply By KASTURI SETHI: The Reply: This issue has already been discussed in detail in this forum during Feb, 2017.
Discussion Forum - Knowledge Sharing .....

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