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TMI BlogCenvat credit on water treatment plantX X X X Extracts X X X X X X X X Extracts X X X X ..... Cenvat credit on water treatment plant X X X X Extracts X X X X X X X X Extracts X X X X ..... premises. Secondly, we have received imported material through courier bill of entry. In this type of bill of entry have mentioned multiple party and we have received photocopy of this bill of entry. whether we can take cenvat credit on above mention point. Thanks Reply By MANISH SINHA: The Reply: Dear Mr. Sharma, Hope the Water Treatment plant is very necessary for your factory and we can n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot drain water without treatment. So In my view Credit can be taken on Pipes for Water Treatment plant only. For others deptt may disallow and it is subject to litigation. Further, You need original BOE for availment of Cenvat Credit. You may get issued master BOE in original in favour to you. Again it is subject to litigation. Regards, Manish Reply By KASTURI SETHI: The Reply: Sh.Ram Sharma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ji, Pl. refer to Sh.Mainsh Sinha's reply dated 25.8.16. My views are as under:- 1. No possibility of litigation in respect of steel tube used in the water treatment plant. Similarly, no chance for litigation in respect of Fir Fighting Line as both are used in the factory as per definition of 'Capital Goods' under Rule 2 (a) of Cenvat Credit Rules, 2004. In my view, 'Repair of bui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lding' is also included in the term "Repair of a factory" in Rule 2(l) of Cenvat Credit Rules. See the definition of 'Factory' in legal dictionary. Thus credit is admissible for capital goods and input service. 2. In this situation also if the bill of entry has been addressed to many assessees but a single copy has been prepared by the Customs authorities, the party is not a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t fault and only one assessee can retain and use original copy of bill of entry. Other assessee should get the copy of bill of entry either certified from Customs authorities or it should be endorsed in the name of assessee who wants to take credit. Then there will be no possibility of litigation. Reply By RAM SHARMA: The Reply: Dear Sir, Thanks for your valuable reply but i have little bit dou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bt about building repair construction work because Input include goods used in the manufacture of capital goods which are further used in the factory of the manufacturer; but shall not include cement, angles, channels, Centrally Twisted Deform bar (CTD) or Thermo Mechanically Treated bar (TMT) and other items used for construction of factory shed, building or laying of foundation or making of stru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctures for support of capital goods; Thanks Reply By KASTURI SETHI: The Reply: Sh.Sharma Ji, I am talking about input service and not input to be used in the construction of capital goods which is further used in the factory of manufacturer. Reply By CS SANJAY MALHOTRA: The Reply: Dear Friends, Mr. Manish has rightly stated the admissibility of CENVAT Credit on pipes & tubes used in Water ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Treatment plant as is covered as Capital Goods. Mr. Kasturi ji has also similar view and I endorse the same. Building repairs is nothing but part of civil construction work and is not Capital Goods but is Immoveable Property, hence no CENVAT Credit on Input is eligible. Secondly CENVAT Credit is eligible in case of Bill of Entry is filed in Cargo Mode i.e. individual for each party. When BE is c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsolidated it looses character of Cargo Mode and becomes Courier Bill of Entry, wherein only original owner can avail CENVAT and not by all. (photocopy is not specified document for CENVAT under CCR 2004) Reply By KASTURI SETHI: The Reply: Sh.CS Sanjay Malhotra Ji, Thanks a lot, Sir for your endorsement as well as enrichment of my knowledge on the second issue. Reply By MANISH SINHA: The Rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly:
Thank you Mr. Sanjay Malhotra ji and all for healthy discussion and clarifications.
Regards. X X X X Extracts X X X X X X X X Extracts X X X X
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