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TMI BlogCan i pass on CVD for Spares imported by CourierX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Sirs, We have imported some spare parts for which we paid the custom duty (approximately 18,000/-) to fedex courier delivery person. The fedex guy gave us a Courier bill of Entry zerox copy and the duty calculation document. In the Courier bill of Entry there are names of total 7 parties alongwith our name. We are registered with DGFT have a valid IEC and are registered with Central Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As Dealer (not manifactureres) Now, when wee sell this part to our customer (Who is manufacturer), can we pass on the CVD amount to him so that he can take the credit. Please help us out regarding this issue. Best Regards, - Reply By KASTURI SETHI - The Reply = This is relevant for you. Read and take decision. This has been inserted w.e.f. 31.12.15 to facilitate credit. Cenvat Credit Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les, 2004 - Sixth Amendment of 2015 In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994) , the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2004 , namely :- 1. (1) These rules may be called the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CENVAT Credit (Sixth Amendment) Rules, 2015. (2) They shall come into force on the date of their publication in the official Gazette. 2. In the CENVAT Credit Rules, 2004 , in rule 9, in sub-rule (1), in clause (d ), after the words Foreign Post Office , the words or, as the case may be, an Authorized Courier, registered with the Pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncipal Commissioner of Customs or the Commissioner of Customs in-charge of the customs airport, shall be inserted. [Notification No. 27/2015-C.E. (N.T.), dated 31-12-2015] - Reply By KASTURI SETHI - The Reply = In continuation of my reply dated 30.12.2016, the purpose of this amendment by way of insertion is to allow credit on Courier Bill of Entry. Since this Bill of Entry is addresse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to more than one, only one person can retain original. It does not mean that credit of CVD paid should be disallowed to others. An assessee should not suffer because of flaw in the law, if any. In my view, you can get credit after getting the zerox certified from the Customs Authorities. A certificate should be obtained. Only attestation will not serve purpose. There are two basic conditions. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Duty should be paid and duty paid goods should be utilized in or in relation to the manufacture of dutiable final product. It is not the intention of Govt. to disallow genuine credit, if these conditions are fulfilled. During my positing in Audit Wing (I remained 6 years in audit as Inspector and Supdt.), we have been allowing credit on certified zerox copy if original was lost su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bject to the production of FIR and other docs. In your case no copy of FIR is required. You are to make efforts to get a certificate on Zerox copy. The Customs authorities keep the record of such certificates. In your case you should suffer at all because you have paid duty and you have other proofs also. Customs record also ratify duty paid character. - Reply By Kishan Bara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i - The Reply = How the billing would be made in the above case ?? Let us assume A import goods via courier company pay all import duty 18,000 (including CVD of 12.5℅) sell it to B ( Manufacturing Unit) who manufacture sell the goods domestically. How B will get refund of CVD in lue of Central excise ?? Please elaborate sir, Thank You - Reply By KASTURI SETHI - The Reply = Dea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Querist, Pl. find attached latest judgement on this issue:- 2017 (3) TMI 170 - CESTAT MUMBAI Evotec (India) Pvt Ltd Versus Commissioner of Central Exicse, Mumbai-III - Can i pass on CVD for Spares imported by Courier - Query Started By: - Sumeet Goyal Dated:- 30-12-2016 Customs - Import - Export - Customs - SEZ - Got 4 Replies - Customs - Discussion Forum - Knowledge Sharing, reply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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