CAPITAL GOODS RETURNED, Central Excise

[SURYAKANT MITHBAVKAR]

We have sold one machine to our customer two years back. Now that customer returing the same machine to us. While returing the machine they have reduced basic price of machinery due to depreciation (as per Income Tax Act) but they have reversed full excise duty whatever they have taken credit originally (As per Excise Act)

 Excise duty is charge in their Invoice is not exact percentage on Basic Price of Invoice (excise duty is orginally credit they have taken)

In above case can we show such Goods as our Input ant avail credit of full excise duty or we can show that machine bringing for repair purpose and avail  Cenvat credit of full excise duty.

pl Advice

Posts / Replies

[Pradeep Khatri]

Please see the Rule 3(5), (5A) (a), (b) of the CENVAT credit Rules, 2004 in this connection.