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TMI BlogCenvat credit on capital goodsX X X X Extracts X X X X X X X X Extracts X X X X ..... Cenvat credit on capital goods X X X X Extracts X X X X X X X X Extracts X X X X ..... t on the purchase of capital goods i,e machinery,generator etc. Please give your expert opinion. Regards, WADHWA Reply By Rajagopalan Ranganathan: The Reply: Sir, Proviso to Notification No. 2/2011-CE dated 01.03.2011 as amended stipulates that "nothing contained in this notification shall apply to the goods in respect of which credit of duty on inputs or tax on input services has been t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken under the provisions of the CENVAT Credit Rules, 2004." Since the proviso is not mentioning regarding availability of credit of duty paid on capital goods, the same is available. However, as per rule 2 (d) of CENVAT Credit Rules, 2004 "exempted goods" means excisable goods which are exempt from the whole of the duty of excise leviable thereon, and includes goods which are char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... geable to "Nil" rate of duty, goods in respect of which the benefit of an exemption under Notification No. 1/2011-CE, dated the 1st March, 2011 or under entries at serial numbers 67 and 128 of Notification No. 12/2012-CE, dated the 17th March, 2012 is availed. But rule 6 (4) of CENVAT Credit Rules, 2004 states that "No CENVAT credit shall be allowed on capital goods which are used e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xclusively in the manufacture of exempted goods or in providing exempted services". Since the provisions of CENVAT Credit Rules, 2004 has overriding effect on the provisions of a Notification, you are not eligible to avail the credit of duty paid on capital goods. Reply By Rama Krishana: The Reply: Dear Rajagopalan Ranganathan With due respect, I do not agree with the second part of your ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reply. In my view cenvat credit on capital goods is allowed. You have referred rule 2 (d) of CENVAT Credit Rules, 2004 and Rule 6(4) of the CENVAT Credit Rules, 2004 which indicates exemption from whole of duty of excise or NIL rate of duty. But as per the notification no. 1/2011 CE goods are not exempt from the whole of duty of excise, rather they are liable to duty @2% and therefore outside fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the purview of Rule 2(d) and Rule 6(4). Please correct me, if something is wrong. Reply By B. Naga Rami Reddy: The Reply: Sir, Notification No.2/2011-CE mentioned by Shri Rajagopalan Sir may be read as Notification No.1/2011-CE so as to make the reply complete with regard to in eligibility of the credit on the capital goods.Rule 2(d) of CCR 2004 treats goods on which duty is paid at 2% under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Notification No.1/2011-CE also as exempted goods. Reply By Rajagopalan Ranganathan: The Reply: Dear Ramakrishna, Please read in full the rule 2 (d) of CENVAT Credit Rules. It states that "exempted goods" means excisable goods which are exempt from the whole of the duty of excise leviable thereon, and includes goods which are chargeable to "Nil" rate of duty, goods in respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of which the benefit of an exemption under Notification No. 1/2011-CE, dated the 1st March, 2011 or under entries at serial numbers 67 and 128 of Notification No. 12/2012-CE, dated the 17th March, 2012 is availed. Therefore when you avail the exemption provided by Notification 01/2011-CE the excisable goods cleared @2% under the above Notification will be treated as exempted goods. Therefore Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 6 (4) will also applicable. X X X X Extracts X X X X X X X X Extracts X X X X
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