Question :
I am manufacturer of PP HDPE bags which falling chapter hading 39.
I want to manufacture new product ie wood doors, in a same primises and same ECC no. so my question is .
1. Can I manufacture two other varity in same primises ie. PP, hdpe bags and Wood doors.?
2. If my purchase raw material (of wooden doors) is nil rate of duty and send it for job work as per not. no. 214/86. for manufacturing of wooden doors and return back to our comapany. and nothing any process i do on wooden doors. and same it is clear through dutypayment (ie Wood Doors) . so my question is that, can i utilise my cenvat credit which was received on PP hdpe fabric (raw material of PP hdpe bags) on clearance of Wood doors. ?? because none cenvat received on raw material of wooden doors.
As per excise inspector we can not use cenvat of PP hdpe fabric on Wooden doors because wooden doors raw material is nil rate of duty.
It means in RG23A part II credit balance shown and i have to pay through PLA cash for Wooden doors. it is possible??
So pls. advice me in this matter. and if possible give me notification no. or circular no. or any public notice so i see that to my excise range officer.
Answer :
I read your question and Of course , you can manufacture new product ie wood doors, in a same primises and same ECC no .
I also agree with excise inspector because , you have purchased raw material of woods doors at nil rate of central excise duty so , other raw material PP HDPE bags's centvat credit is not adjusted in it . If you study the Rules 2004 relating to credit of CENVAT deeply , then you will clear that there is no possibility that of nil rated credit adjustment with others .
I am manufacturer of PP HDPE bags which falling chapter hading 39.
I want to manufacture new product ie wood doors, in a same primises and same ECC no. so my question is .
1. Can I manufacture two other varity in same primises ie. PP, hdpe bags and Wood doors.?
2. If my purchase raw material (of wooden doors) is nil rate of duty and send it for job work as per not. no. 214/86. for manufacturing of wooden doors and return back to our comapany. and nothing any process i do on wooden doors. and same it is clear through dutypayment (ie Wood Doors) . so my question is that, can i utilise my cenvat credit which was received on PP hdpe fabric (raw material of PP hdpe bags) on clearance of Wood doors. ?? because none cenvat received on raw material of wooden doors.
As per excise inspector we can not use cenvat of PP hdpe fabric on Wooden doors because wooden doors raw material is nil rate of duty.
It means in RG23A part II credit balance shown and i have to pay through PLA cash for Wooden doors. it is possible??
So pls. advice me in this matter. and if possible give me notification no. or circular no. or any public notice so i see that to my excise range officer.
Answer :
I read your question and Of course , you can manufacture new product ie wood doors, in a same primises and same ECC no .
I also agree with excise inspector because , you have purchased raw material of woods doors at nil rate of central excise duty so , other raw material PP HDPE bags's centvat credit is not adjusted in it . If you study the Rules 2004 relating to credit of CENVAT deeply , then you will clear that there is no possibility that of nil rated credit adjustment with others .
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