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can BCD & Edu cess liability set off with Cenvat credit?

This query is : Resolved 
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(Querist)
04 April 2008 Hi,
I want to know that if i have Cenvat credit in books in respect of Service Tax(12%) and Excise duty(16%) but there in no balance in EDU cess a/c (2%+1%) as credit.

now if i have Educatiuon Cess liability on sale/services, can i set off this with my above credit(Service Tax/Excise duty)

In case of 100%EOU if they are selling material in DTA, they have to pay costom duty(BCD) on such sale, can they set off this with their Cenvat credit?

pl reply
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Arbind Aggarwal

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Arbind Aggarwal (Expert)
07 April 2008 Basic duty can be used for payment of Education & SHE cess.

As per rules Edu.cess can not be utilised for payment of other duties but not in the opposite manner.
Yes , duty payable by EOU on DTA sale is also treated as excise duty and can be paid from Cenvat Credit.

I may be contacted at : arbindaggarwal@yahoo.com
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vishnukant

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vishnukant (Querist)
07 April 2008 Thanks for Clarification.
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