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jobwork servicetax

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(Querist)
22 August 2009 Dear all
we are doing jobwork for 100% EOU.job work done by us falls under ch.39 onwhich appropriate duty is 8%.The appropriate duty of excise shall not include NIL rate of duty or duty of excise is wholly exempt.
The pricipal (100%EOU) is clearing goods without payment of duty not because of goods are under nil duty or exempt.
my question is : 8/2005 can be availed ?
If not Why?
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Madhukar N Hiregange

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Madhukar N Hiregange (Expert)
24 August 2009 As long as the 100%EOU is sending the same under a permission and under law, the job work exemption under Not. 8/2005 should be available as the removals to DTA by the EOU results in duty payments.
However represenatations maybe inorder to avoid demands in future.
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muthukrishnan

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muthukrishnan (Querist)
24 August 2009 Dear Mr.Madhukar,

Thannk you for your reply

My doubt is if the 100% EOU remove the goods meant for export, the N/n 8/2005 is

available or not
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