Category Archives: Cenvat Credit

CENVAT Credit Rules 2017 w.e.f 01.07.2017 – Notification No 20/2017 – Central Excise (N.T.) Dated 30th June, 2017

By | July 1, 2017

CENVAT Credit Rules 2017 CENVAT Credit Rules 2017 has been Notified vide Notification No 20/2017 – Central Excise (N.T.) Dated 30th June, 2017 [TO BE PUBLISHED IN GAZETTE OF INDIA, EXTRAORDINARY, PART –II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 20/2017 – Central Excise (N.T.) New Delhi, the… Read More »

Rule 10 Cenvat Credit Rules 2004 – Transfer of CENVAT credit.

By | May 10, 2017

Rule 10 Cenvat Credit Rules 2004 Transfer of CENVAT credit. 10. (1) If a manufacturer of the final products shifts his factory to another site or the factory is transferred on account of change in ownership or on account of sale, merger, amalgamation, lease or transfer of the factory to a joint venture with the… Read More »

Rule 7 Cenvat Credit Rules 2004 – Manner of distribution of credit by input service distributor

By | May 10, 2017

1 [Manner of distribution of credit by input service distributor. 7. The input service distributor shall distribute the CENVAT credit in respect of the service tax paid on the input service to its manufacturing units or unit providing output service or an outsourced manufacturing units, as defined in Explanation 4, subject to the following conditions, namely… Read More »

V.S. Datey -Central Excise Law & Practice – 26th Edition 2017 Book

By | April 14, 2017

Central Excise Law & Practice (26th Edition 2017-As Amended by Finance Act 2017) Hardcover – 2017 by V.S. Datey (Author) Also Incorporating Central Excise Valuation and Classification Cenvat Credit Central Excise Procedures SSIs/Job Work Price Rs 1507. Click to buy online Hardcover: 1320 pages Publisher: Taxmann Publications Pvt. Ltd.; 26th Edition edition (2017)  

Cenvat Credit available on input services even if depreciation is also claimed on it

By | February 10, 2017

CESTAT, MUMBAI BENCH Shree Pandurang SSK Ltd. v. Commissioner of Central Excise, Pune-III RAMESH NAIR, MEMBER, (J.) APPEAL NO. E/592 OF 2012 ORDER NO. A/85139/17/SMB DECEMBER  7, 2016 Sanjay Hasija, Superintendent (AR) for the Respondent. ORDER Ramesh Nair, Member (J.) – The issue involved in the present case is that appellant availed Cenvat credit in… Read More »

Invoices in name of employees , No denial of Cenvat Credit :ITAT

By | January 31, 2017

Held Even though the invoices are not in the name of the appellant but it is in the name of the directors and the employees of the company, credit should be allowed for the reason that all these expenditure were incurred by the appellant company and the same is not under dispute, therefore even though… Read More »

Excise duty on Jewellery – Cenvat Credit rules Amended

By | July 27, 2016

Seeks to amend the CENVAT Credit Rules, 2004 in relation to articles of jewellery or parts of articles of jewellery or both, falling under heading 7113 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986). [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]… Read More »

Speedy disbursal of pending refund claims of exporters of services

By | June 16, 2016

Refund claims under rule 5 of the CENVAT Credit Rules, 2004 Circular No. 195/05/2016-Service Tax F. No. 137/62/2015-Service Tax Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs Service Tax Wing *** New Delhi, dated 15th June, 2016 To All Principal Chief Commissioners of Central Excise All Chief Commissioners… Read More »

CENVAT Credit (Sixth Amendment) Rules, 2016

By | May 16, 2016

THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 14th May, 2016 No. 27/2016 – Central Excise (N.T.) G.S. R. 512(E).—In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), section 94 of the Finance Act, 1994… Read More »

MS Steel Angles /parts CENVAT not available to Infra Companies

By | May 14, 2016

The Larger Bench of New Delhi CESTAT, held that the passive infrastructure companies hiring out telecom towers, to telecom companies, taxable under ‘Business Auxiliary/Support Services’, are not eligible to claim CENVAT Credit of MS Steel Angles/parts, pre-fabricated shelters parts, etc. used in erection of such towers. In the said case, the assessees were providing ‘business… Read More »

Internal Audit services eligible for CENVAT Credit

By | May 14, 2016

Held In the case of DRP Malleables (P.) Ltd.  the Tribunal held that Chartered Accountant Service is specifically covered under the scope of input service and the assessee is eligible for availing credit. In my considered view, the Chartered Accountant Service related to day-to-day service cannot be reason for denial of CENVAT credit. So, the… Read More »

Cenvat Credit of Service tax on right to use any natural resource

By | April 14, 2016

CENVAT CREDIT (FIFTH AMENDMENT) RULES, 2016 – AMENDMENT IN RULES 4 AND 6 NOTIFICATION NO.24/2016-C.E.(N.T.), DATED 13-4-2016 In exercise of the powers conferred by section 37 of the Central Excise Act,1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to… Read More »

Amendments in CENVAT Credit Rules

By | February 28, 2016

Amendments in CENVAT Credit Rules The CENVAT Credit Rules have been amended vide Notification Nos. 01/2016- CX (N.T) and 02/2016- CX (N.T), both Dated: February 03, 2016 as follows: For the purpose of definition of Input Services,sales promotion would include services by way of sale of dutiable goods on commission basis. The condition of allowing only 85% of… Read More »

Cenvat Credit on Capital Goods installed in Jammu & Kashmir not available

By | February 21, 2016

Held As per Rule 1(2)  of CCR the Cenvat Credit Rules do not apply to taking of Cenvat Credit of Service Tax. Therefore, Cenvat Credit taken with respect to services availed in the state of Jammu & Kashmir, has been correctly denied to the appellant. CESTAT, KOLKATA BENCH Vodafone Essar Spacetel Ltd. v. Commissioner of… Read More »

CVD on vessels imported by ship breaking units : CBEC issued Circular

By | February 3, 2016

Circular No.-1014/2/2016-CX Dated the 1st February, 2016 F. No. 6/14/2014-CX.I (Pt.) Government of India Ministry of Finance Department of Revenue Central Board of Excise & Custom *********** New Delhi, dated the 1st February, 2016 To Principal Chief Commissioner/ Chief Commissioner / Principal Commissioner of Central Excise and Customs (All) Web-master,CBEC Madam/Sir, Subject: Inclusion of show… Read More »

Amendment in CENVAT Credit Rules 2004

By | February 2, 2016

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 01/2016 – Central Excise (N.T)  New Delhi, the 1st February, 2016 G.S.R.(E).-   In exercise of the powers conferred by Section 37 of the Central Excise Act, 1944 (1 of 1944), the… Read More »

Cenvat Credit available if imported through Authorized Courier

By | January 1, 2016

GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)  Notification No. 27/2015 – Central Excise (N.T)  New Delhi, the 31st  December, 2015  G.S.R.    (E).-   In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the Central Government… Read More »

Automobile cess held as excise duty eligible for export rebate

By | November 29, 2015

Facts of the case The assessee, a manufacturer of motor cycles/two wheelers, and claimed refund of  Automobile Cess, Education Cess on Automobile Cess and Secondary and Higher Education Cess (for short SHE Cess) on Automobile Cess paid along with customs duty on the goods exported outside the country Revenue Contention  Duties of excise collected under the… Read More »

No CENVAT Credit if duty paid by DEPB Scheme

By | November 8, 2015

Unless Countervailing Duty (CVD) had been paid in cash, the assessee was not entitled to take credit based merely upon the debit entry in the passbook under DEPB Scheme HIGH COURT OF MADRAS Mohan Breweries & Distilleries Ltd. v. Commissioner of Central Excise, Pondicherry Commissionerate V. RAMASUBRAMANIAN AND T. MATHIVANAN, JJ. C.M.A. NO. 386 OF… Read More »

Cenvat Credit not allowed if on amount of Service charges recovered from employees

By | October 28, 2015

No cenvat credit should be allowed on amount attributable to service charges which was collected from its employees CESTAT, MUMBAI BENCH Castrol India Ltd. v. Commissioner of Central Excise, Raigad RAMESH NAIR, JUDICIAL MEMBER ORDER NO. A/1529/2015/SMB APPEAL NO. E/86150/2013-MUM. JUNE  15, 2015 Haren M. Gandhi, Manager Indirect Taxes for the Appellant. Ashutosh Nath, Asstt.… Read More »

Revised monetary limits for arrest in Central Excise and Service Tax

By | October 24, 2015

Circular No. 1010/17/2015-CX F. No. 96/54/2014-CX.1 Government of India Department of Revenue Central Board of Excise & Customs New Delhi New Delhi, the 23rd October, 2015 All Principal Chief/Chief Commissioners of Central Excise & Customs, All Principal Chief/Chief Commissioners of Central Excise, All Principal Chief/Chief Commissioners of Service Tax, All Principal Director/Directors General. Sir/Madam, Sub:… Read More »

Dealers of SIM cards can not take credit of service tax paid by telecom companies

By | October 14, 2015

Dealers of SIM Cards /Recharge vouchers cannot be regarded as  recipients of telecom services provided by telecom companies; hence, said dealers cannot take input service credit of service tax paid by telecom companies CESTAT, NEW DELHI BENCH Omar Agencies (Hutch) v. Commissioner of Central Excise, Allahabad JUSTICE G. RAGHURAM, PRESIDENT AND R.K. SINGH, TECHNICAL MEMBER… Read More »

CBEC allows Cenvat on ethanol cleared without payment of duty to Oil Companies

By | October 14, 2015

CENVAT CREDIT (FOURTH AMENDMENT) RULES, 2015 – AMENDMENT IN RULE 6 NOTIFICATION NO.21/2015-C.E. (N.T.), DATED 7-10-2015 In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to… Read More »

Cenvat Credit on Tower erection and installation

By | October 5, 2015

Prima facie, telecom service providers : (a) cannot take input or capital goods credit of credit of tower parts and shelters; however (b) may take credit of ‘Erection, Installation and Commissioning’ and ‘Commercial or Industrial Construction’ services used for erection and installation of towers and shelters HIGH COURT OF MADRAS Aircel Ltd. v. Commissioner of… Read More »