A ltd is a factory
It purchased goods from X ltd for 100 lacs+12.5% Excise Duty
X dispatched goods on 10 April but it was received in factory on 14 April.Payment was made on 18 April.
When can A claim Cenvat of 12.5 lacs?
View AnswerInput can be claimed on receipt of inputs in factory i.e. 14 April
Q2
Solve Q1 assuming A is a service provider?
View AnswerSame as above
Input can be claimed on receipt of inputs in service provider premises i.e. 14 April
Q3
A ltd is a factory
It purchased goods from X ltd for 100 lacs+12.5% Excise Duty but asked X to dispatch goods directly to Jobworker J
X dispatched goods on 11 May but it was received by J on 13 May.
J did job work on goods and finally dispatched it to A on 16 May which was received by A on 17th May
Payment was made on 18 May
When can A claim Cenvat of 12.5 lacs?
View AnswerInput can be claimed on receipt of inputs in Jobworker premises i.e. 13 May
Cenvat is available immediately on RECEIPT OF INPUTS in the
Factory -in case of Manufacturer
Premises -in case of Output Service Provider
Jobworker Premises - In case goods are sent directly to the job worker on the direction of the manufacturer or the provider of output service,
(NEW AMENDMENT)
Note:
Effect of Amendment-
Goods sent directly to jobworker
Sometimes, manufacturer/service provider purchase goods/capital goods and send them directly to jobworker for processing.
Earlier, credit was available only when goods were ultimately received by factory of manufacturer/service provider premises
Now, Cenvat is available to manufacturer/service provider as soon as the goods are received by jobworker
[Rules 4(1) and 4(2)(a)]
Service Provider can store or take inputs outside its premises also
Credit can be availed by an output service provider even if the inputs are not received in the premises of the output service provider , but are delivered at some other place;
Documentary Evidence of delivery and location of such Inputs is required to be maintained.
Articles of Jewellery/Precious Metal manufactured on Jobwork
Cenvat on inputs available immediately on receipt of such inputs by the principal manufacturer
(Even though actual manufacture is done by job worker, input is available to principal manufacturer, person who gets them manufacturer)