Cenvat credit on additional duty (Custom)

This query is : Resolved

Harsha.H

( Author )
29 May 2012

Dear Experts,

for imported capital goods, with regard to Additional Duty Paid,
how much we should avail the Credit?

whether we can avail 100% on duty paid
or
50% should be deferred?

kindly guide,

thanks and regards,
Harsha

RAMESH KUMAR VERMA

( Expert )
29 May 2012

Rule 3(1) (viia) of CCRules,2004, permits a mfg. or producer or a provider of taxable service to take credit of -" the additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act, "-as capital Goods C.Credit. Provided that a provider of taxable service shall not be eligible to take credit of such additional duty; But Explanation to Rule 3(1) says that ..".- For the removal of doubts it is clarified that the manufacturer of the final products and the provider of output service shall be allowed CENVAT credit of additional duty leviable under section 3 of the Customs Tariff Act .

Harsha.H

( Author )
29 May 2012

whether we can avail cenvat credit on SPECIAL ADDITIONAL DUTY(4%)?

Harsha.H

( Author )
29 May 2012

whether we can avail cenvat credit on
Special Additional Duty(4%) ??

how much should be availed?
100% or 50%?

RAMESH KUMAR VERMA

( Expert )
30 May 2012

in view of above you can POST RTI Letter to cbec.

regards,