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cenvat credit

This query is : Resolved 
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(Querist)
01 April 2011 Dear Sir,
We are importing one raw material from china,we have paid a custom duty, we are selling this raw material to our customer, my question is whether we can take the cenvat credit for the customs paid

Thanks
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Sagar mal Pareek

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Sagar mal Pareek (Expert)
01 April 2011 SINCE YOU ARE NOT GOING TO USE THE MATERIAL FOR MANUFACTURE OF GOODS U CAN NOT TAKE THE CENVAT CREDIT FOR THE ADDITIONAL DUTY AND SED PAID FOR IMPORT.BASIC CUSTOMS DUTY IS NEVER AVAILABLE AS CREDIT.HOWEVER WHAT U CAN DO IS TO ALLOW THAT CREDIT TO YR CUSTOMER BY SHOWING THE SAME AS DUTY PAID GIVING REF.OF THE PROPER BILL OF ENTRY AND PREFERRABLY BY SENDING ONE PHOTOCOPY OF THE SAME TO YR CUSTOMER.BUT FOR ALL THIS U MUST HAVE CEX.REGN AND COMPLETE ALL FORMALITIES AS REQUIRED IN CCR,2004 IN THIS REGARDS.CA.SAGAR MAL PAREEK
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