Procedure for clearing duty paid materials, Central Excise

[chaganti srinivas]

The assesse after paying the correct duty clears say 50 nos of a commodity.The buyer finds the quantity is excess than ordered for and so pay for only say 20 nos and the rest 30 nos remains unsold in the latter's warehouse for more than two years.. Since excise duty has already been paid for the entire quantity, can the assesse sell the remaining 30 nos to another party by raising commercial invoice after a gap of two years, if so what is the procedure. Kindly clarify.

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[Surender Gupta]

In case he has availed the credit on entire consignment of 50 numbers originally, than, in my view there is no difficulty being removing the balance 30 nos after reversing the credit corresponding to these 30 nos. The records of cenvat credit would be sufficient for this purpose. But if the case is different, it is required to ascertain the nature and circumstances first.