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Whether Rule 6 of CENVAT credit rules applies where CENVAT not availed?

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..... Whether Rule 6 of CENVAT credit rules applies where CENVAT not availed?
Query (Issue) Started By: - Yatin Bhopi Dated:- 23-5-2018 Last Reply Date:- 9-7-2018 Central Excise
Got 6 Replies
Central Excise
Dear experts, We are manufacturer. we have sold old scrap equipment in 2016-17 which was purchase prior to 1994 (prior to CENVAT scheme). We have not paid excise duty since no CENVAT cr .....

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..... edit availed on said capital goods. Our EA2000 audit is going on and auditor has argued that these clearance is nothing but exempted goods and Rule 6 of CCR 2004 will applicable and we have to pay 7% since we may have used various services to clear these goods (like security service, maintenance service, telephone service, online auction service, etc). Please let me know legality in this case R .....

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..... eply By YAGAY and SUN: The Reply: In our view, Rule 6 of the CCR is not applicable on such transactions as payment of excise duty on transaction value of the such goods would be sufficient. Reply By Yatin Bhopi: The Reply: Sir We have not paid excise duty since no CENVAT credit had been availed. all goods were procured prior to CENVAT scheme Reply By YAGAY and SUN: The Reply: Then in our vie .....

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..... w Rule 6 of CCR is not applicable. Reply By Yatin Bhopi: The Reply: Thanks Sir Reply By DR.MARIAPPAN GOVINDARAJAN: The Reply: Definitely will not be applicable. Reply By Yatin Bhopi: The Reply: Thanks a lot sir, now query has been closed by EA2000 auditors
Discussion Forum - Knowledge Sharing .....

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