Cenvat claim against DEPB license Debit

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Neeraj Pangotra (Querist)
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20 April 2011 Can we claim cenvat against DEPB license debit? if yes then under which notification? please give me details regarding this issue and help me out.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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23 April 2011 NO,CAN NOT AVAIL

https://www.depb.net/

Neeraj Pangotra

Neeraj Pangotra (Querist)
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25 April 2011 Thanks Sir. thank you very much for your concern. but in a Book of Foreign Trade Policy (16th edition) it has been written/mentioned that one can claim cenvat claim against DEPB license debit. i have some doubt coz in this book it is clearly mentioned that one can claim, but in Cenvat rules there is no such ammendment regarding this issue. so what should i follow this time? please help me out.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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25 April 2011 Neeraj ji,

actually admissibility of CENVAT credit on the additional duty of customs (CVD) wherein the goods are importing making a debit in the DEPB AUTHORISATION has been the most dealt/discussed/ debited issue in the recent past.

in recent case the larger bench of the HON'BLE tribunal in the case of M/S ESSAR STEEL LIMITED (2004-TIOL-807-CESTAT-DEL-LB HAS HELD THAT NO CENVAT CREDIT IS ADMISSIBLE ON THE CVD, IF THE SAID CVD IS DEBITED UNDER A DEPB LICNECE.

READ ALSO NOTIFICATION NO.34/97 OF CUSTOMS.

Neeraj Pangotra

Neeraj Pangotra (Querist)
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26 April 2011 Thank you Sir. i have read this notification and the related case also. but i was lil bit confused by the statement in FTP book. So the conclusion it cannot be claimed. Thank you very much sir.

Neeraj Pangotra

Neeraj Pangotra (Querist)
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26 April 2011 but what about the FTB Book statement?

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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26 April 2011 DEAR AUTHOR,

WILL U SEND ME THIS DETAIL? SO THAT I CAN REPLY U AFTER STUDY OR CHECKING THE MATTER.

REGARDS,

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