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Availability of cenvat credit on imported capital goods not yet received at factory.

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..... We are the manufacturer of engineering goods since long now under BIFR. We are importing a machine in addition to our existing machines. The machine has already been shipped. But now the machine could not be entered in our factory since the shed for it is under construction. we have decided to keep the said machine in a rented godown after its arrival at Calcutta Port and getting Customs cleara .....

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..... nce with payment of cvd 4% adl. etc. Kindly advise with relevant provision whether we can avail 50% cenvat credit immediately on the issuance of Bill of Entry/payment of duty though the machine will be kept in the rented godown for time being instead of our factory. I remember that there are some CESTAT judgement where cenvat credit has been allowed for the inputs are in high-seas/in-transit tho .....

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..... ugh actually not received in the factory. Your valuable opinion will be highly solicited. Regards, G.GOSWAMI 29.6.2013 - Reply By Pradeep Khatri - The Reply = Rule 4 (2) (a) of the Cenvat Credit Rule, 2004 does not allow the CENVAT credit on the capital goods which has not been received in the Factory premises. - Reply By G GOSWAMI - The Reply = Thanks to Mr. khatriji for his imme .....

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..... diate response. Regards, G.Goswami - Availability of cenvat credit on imported capital goods not yet received at factory. - Query Started By: - G GOSWAMI Dated:- 29-6-2013 Central Excise - Got 2 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI .....

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..... - TaxTMI - TMITax .....

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