rules regarding E1 sales, Central Excise

[Subir Chatterjee]

Sir,

We are situated in West Bengal purchased goods from M/s. Simens, Thane through M/s. Shantilal (Buyer) located in West Bengal on whom the order was placed with a remarks that M/s. Siemens shall be Principal i.e. principal supplier.. Simens has directly delivered the materials to us (consignee) along with DFT copy mentioning us as consignee and Buyer's address. Subsequently Buyer has submitted Invoice copies to us. Can we avail Cenvat credit based on the DFT copy submitted by Siemens. Please guide us. Regards,

Subir Chatterjee

Posts / Replies

[Rajagopalan Ranganathan]

Sir,

Circular No. 1003/10/2015-CX dated 5.5.2015 issued by CBEC clarifies as follows:-

(i) Where a registered dealer negotiates sale of an entire consignment from a manufacturer or a registered importer and orders direct transport of goods to the consignee, credit can be availed by the consignee on the basis of invoice issued by the manufacturer or the registered importer. In such cases no Cenvatable invoice shall be issued by the registered dealer in favour of the consignee though commercial invoice can be issued. Where a registered dealer negotiates sale of goods from the total stock ordered on a manufacturer or an importer to multiple buyers and orders direct transportation of goods to the consignees and the manufacturer or the importer is willing to issue individual invoices for each sale in favour of the consignees for such individual sale, the same procedure shall apply.

(ii) Where a registered dealer negotiates sale by splitting a consignment procured from a manufacturer or a registered importer and issues Cenvatable invoices for each of the sale, it would now be possible for the dealer to order direct transport of the consignments as per the individual sales to the consignee without bringing the goods to his godown. This would save time and transportation cost for the dealer adding to ease of doing business. This is a new facility which flows from the amended provisions. Procedure as prescribed in the third proviso of rule 11(2) shall be applicable in such case.

(iii) Where a un-registered dealer negotiates sale of an entire consignment from a manufacturer or a registered importer and orders direct transport of goods to the consignee, credit can be availed by the consignee on the basis of invoice issued by the manufacturer or the registered importer. As the dealer is not registered, there is no question of issuing any Cenvatable invoice by him . Such dealers as in the past can continue to be un-registered.

(iv) Where goods are sold by the registered importer to an end-user (say a manufacturer) who would avail credit on the basis of importer’s invoice and the goods are transported directly from the port or warehouse at the port to the buyer’s premises, the amendment prescribes that for such movement the factum of such direct transport to the buyer’s premises needs to be recorded in the invoice.

I think the above clarifications will answer your query.