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Cenvat credit of cvd u/s 3(5)

This query is : Resolved 
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(Querist)
11 August 2013 whether CENVAT credit available on CVD levied u/s 3(5)(Duty equal to sales Tax)
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CMA Ramesh Krishnan

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CMA Ramesh Krishnan (Expert)
13 August 2013 CENVAT credit is available for CVD charged under sec.3(5) following cases

1.when manufacturer using that materials for their manufacturing purpose ( Notification: 18/2006

2. Incase of traders selling imported goods in India after charging Sales tax/VAT,they can claim the refund Notification:102/2007

But incase of service provider, no CENVAT credit because the duty basically charged the effect of VAT/Sales tax on that goods.
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